Update on the IPCC investigation into the circumstances surrounding the death of Thomas Orchard

A Devon and Cornwall Police custody sergeant and two detention officers are being charged with criminal offences as a result of an Independent Police Complaints Commission (IPCC) investigation into the circumstances surrounding the death of Thomas Orchard.

The IPCC provided files of evidence to the Crown Prosecution Service (CPS) relating to the actions of a custody sergeant, two custody detention officers, three police officers, and a custody nurse who were involved in the detention and restraint of Mr Orchard in custody on 3 October 2012.

After receiving the files and further work being undertaken by the IPCC, the CPS has decided that the following officers should be charged with unlawful act manslaughter, gross negligence manslaughter and misconduct in a public office:

• Jan Kingshott - Custody Sergeant
• Simon Tansley - Detention Officer
• Michael Marsden – Detention Officer

The IPCC has also investigated whether the police officers and detention officers who came into contact with Mr Orchard prior to his death have cases to answer for misconduct. Decisions regarding whether any disciplinary proceedings will be taken against these individuals are being considered.

Following consultation with the CPS, the IPCC is continuing its investigation into the role played by Devon and Cornwall Police, as a corporate entity, in the circumstances which led to Mr Orchard’s death. We are working in conjunction with the Health and Safety Executive who continue to investigate offences under the Health and Safety at Work Act 1974. We are keeping Mr Orchard’s family updated as this work progresses.