Use of force resulting in injury - Nottinghamshire Police, December 2016

On 9 December 2016 Nottinghamshire Police officers responded to a report that a group of individuals were trying to gain access to a house in Nottingham. When officers arrived, a number of individuals scattered and officers gave chase. A verbal and physical altercation took place between one officer and a man while he was being searched. The man received three blows to the head area. He was taken to hospital, where he was diagnosed as having broken his jaw in at least two places.

Following a lengthy investigation involving reviewing body-worn video and statements from police officers and the man involved, we submitted a report of the incident to the Crown Prosecution Service (CPS) for their review. The CPS later determined that there was insufficient evidence to secure a criminal conviction.

At the end of the investigation, based on the evidence available, we were provisionally of the opinion that the officer had a case to answer for gross misconduct for using force that was not necessary, appropriate or reasonable in the circumstances.

After reviewing our report, Nottinghamshire Police disagreed with our opinion and made representations that the officer had acted in line with their training and that the use of force was in fact necessary, proportionate and reasonable, given the environment and circumstances of the incident.

Within the final determination process we gave careful consideration of the rationale and alternative opinion raised by the force, including a further review of the training provided to officers in respect of use of batons. The force also provided information about the officer’s performance and training since the incident, and we accepted their opinion that this was a performance issue, rather than one of misconduct. We agreed that the further training and informal guidance that the officer had received was appropriate. No further action was taken against the officer.