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The CPS is the Government Department responsible for prosecuting criminal cases investigated by British police and is responsible for deciding, preparing and presenting these cases in court.

Following the violent passing of Frank Ogboru in the custody of the Police, the Independent Police Complaints Commission (IPCC) conducted an investigation into his death but concluded the arrest was ‘lawful’ and that “officers were entitled to use such force as was reasonable in the circumstances” which includes that which led to his death.

The CPS also claimed to consider whether the officers had been grossly negligent in their restraint violating their duty of care to Frank Ogboru. It concluded that a “jury would have to be satisfied that the officers had acted in a way that no reasonable officers would have done in the circumstances. Although a number of witnesses were critical of the police, there were other witnesses present who were not”.

The incident was witnessed by several people including Sean Pops, 26, who said; "The officers were on top of him, you could tell he was in a lot of pain. The guy kept saying 'I can't breathe'." Another witness said he saw one officer standing with his foot on the victim’s neck as another officer attempted to handcuff him.

An anonymous witness, who saw the incident from her window said; "First there were two officers, then four, then more. It was like they were squashing him. They were pinning him down and handcuffing him. I saw officers with their knees on him and their feet on him. He was just wailing - the kind of sound a dog would make if it was kicked. I thought there were too many of them on him."

Allens Agbaka, the Ogboru family lawyer told the BBC that the Metropolitan Police has claimed 'we were trying to restrain him, in the course of which he died'. However having viewed the available facts Agbaka has concluded that it was ‘excessive’ and not reasonable force that led to his death.

It is widely believed that both CPS and IPCC have an unofficial policy where they work not to prosecute serving Police officers guilty of participating in a death in custody irrespective of the evidence. Although the target of these attacks are mainly African people in the Britain, there has been many cases where other innocent non-African ethnic groups have been targeted and denied justice as in the case of the innocent Brazilian Jean Charles de Menezes who was executed by Metropolitan Police officers in July 2005.