Complaint regarding use of Taser - Thames Valley Police, February 2017
On 1 March 2015 Thames Valley Police (TVP) officers attended to a domestic disturbance in Newbury, Berkshire, which led to an officer discharging a Taser on a member of the public. This was based on the information received that the man may be aggressive towards officers and in possession of a sword. He was arrested for assault and affray.
The man complained to TVP that he had been Tasered while he was standing still and compliant. Unhappy about the outcome of this complaint, the man made a complaint to us. Following the man’s appeal over TVP’s decision to dismiss his complaint, we opened an independent investigation in February 2017.
During the investigation, investigators collected statements from the officers and the man, and examined CCTV footage and other related documents.
Based on the evidence presented, we were of the view that the deployment of Taser-trained officers was appropriate in the circumstances based on the information available at the time that the man was in possession of a sword and would be aggressive to the officers.
CCTV footage showed that the man was standing still and was compliant with one of the officers’ command to stand still, and he was not in possession of a sword. In conjunction with the man’s statement, CCTV footage showed that he did not move towards the officers, which could negate the need for a pre-emptive strike.
The Investigator formed the opinion that there was sufficient evidence upon which a reasonable tribunal, properly directed, could find gross misconduct for the officer who discharged the Taser, for not using reasonable force.
The Investigator was also of the opinion that there was sufficient evidence upon which a reasonable tribunal, properly directed, could find gross misconduct for both officers for providing inaccurate information regarding the incident in their initial and further statements.
We completed our investigation in December 2017.
After reviewing our report TVP disagreed with these opinions. Their view was that the officer who discharged the Taser had an honestly held belief that they were faced with a threat that justified use of force, and that both officers perceived the man to be non-compliant and moving towards them. TVP also disagreed that the officers may be considered to be dishonest because their accounts appeared inaccurate in comparison to the CCTV. In summary, the force disagreed that the officers may be considered to have a case for misconduct.
After a lengthy exchange of views with TVP, we directed them in August 2018 to hold a misconduct meeting for the officer who discharged the Taser.
At the misconduct meeting, which took place in December 2018, an independent panel found misconduct not proven for the officer who discharged the Taser for their use of force. The panel found the officer’s use of force was in line with Common Law provision in defence of themselves and others, and that the discrepancy in the way the officer described the man moving towards them compared to CCTV was due to the officer being in a stressful situation and perceptual distortion.