Mark McVey

Mark McVey died in police custody following an alleged assault in Swadlincote on 14 May 2020. He died in hospital on 17 May 2020.

It was thought that he had been assaulted during an incident involving two men following the theft of a van.

His postmortem showed that he had several broken ribs as well as a number of other injuries.

The two men were initially arrested on suspicion of manslaughter, but the charges were later dropped.

Following the incident Mark McVey was arrested by Derbyshire police, however, he fell ill whilst in police custody and was taken to the Royal Derby Hospital, where he died three days later.

Mark McVey had been arrested in connection with the theft of a white Mercedes Benz Sprinter van in Salisbury Drive, Midway, Swadlincote on Wednesday, 13 May 2020. It was heard that the owner of the Sprinter van had followed it after it was stolen and caused it to pull over in Burton Road near the junction with Sorrell Drive after which Mark McVey was allegedly assaulted. The police were then called at 1.13pm and when they arrived they placed Mark McVey under restraint and he was detained at St Mary’s Wharf police station at 2.42pm.

It was then noted that between his detainment at 2.42pm and 6pm he was not assessed, and that it was further noted that it was not clear what had happened between 6pm  and 7.20pm, but that he was assessed at 7.20pm.

He was then later admitted to the Royal Derby Hospital at 11.45pm.

It was noted that although he died in hospital, that he had still been effectively in police custody at the time of his death, and that as a consequence, under the European Convention of Human Rights, Article 2, a jury at his inquest was required. The conclusion of the inquest, due in October 2023, has not yet been determined.

However, the Crown Prosecution Service dropped the charges against the two men, saying, 'The CPS reviewed evidence from the investigation into Mr McVey’s death and concluded that our legal tests were not met and therefore no charges should be brought. This decision has been reviewed on two further occasions at the request of Mr McVey’s family, using the victims’ right to review scheme and these reviews have come to the same conclusion'.

It was later added that to consider a charge of murder or manslaughter, the CPS had to establish that an unlawful act had been committed which had led to Mark McVeys death, but that in the case of Mark McVey there was insufficient evidence to prove that either of the other two men had acted unlawfully and so a charge of either murder or manslaughter could not be considered.