Man dies after becoming unwell in custody - Suffolk Constabulary, December 2015

On 24 December 2015 a man went to a supermarket in Newmarket, Suffolk, where he was identified by a member of staff as being responsible for the theft of goods from the store two days previously. A short time later, as the man was leaving the store, he was approached by members of staff, moved past them, and ran out of the store. The staff members gave chase and, assisted by members of the public, restrained him until the police arrived.

An officer from Suffolk Constabulary initially attended and took over the restraint of the man while waiting for colleagues to arrive. The officer saw what appeared to be a plastic bag sticking out of the man’s trouser pocket, which he believed could be drugs, but took no action at this stage. Upon the arrival of additional officers, the man was allowed to sit up, was handcuffed, and was then allowed to stand up. As he was walked towards a waiting police vehicle, the man began to struggle and was taken to the floor, where he was restrained. Once compliant, he was again stood up and walked towards a waiting police vehicle. A subsequent search of the man and the scene failed to locate the plastic bag.

On the journey to the custody suite, one of the officers became concerned that the man may have something in his mouth and that he was making regurgitating noises. When challenged, the man denied this and showed the officer that his mouth was empty. As the officers felt that he was not showing any signs of distress, they continued to the custody suite, and stated that they had informed the custody sergeant of their concerns. The man was searched again during the initial custody booking in procedures, but nothing was found.

During his short time in police detention the man’s condition was seen to deteriorate and, when questioned by the custody sergeant, he admitted that he had swallowed a quantity of cocaine. He was subsequently transported to hospital, where he died some time later.

The pathologist’s report concluded that the man had died as a result of swallowing a quantity of cocaine sufficient to cause his death.

We investigated the circumstances in which the man died and, during our investigation, reviewed accounts from police officers, independent witnesses, and video footage from the supermarket, police custody suite and the hospital. We also reviewed policy and procedure concerning the arrest and detention of people who are suspected of swallowing drugs.

Our investigation concluded that the arresting and transporting officers, having concerns that the man may have swallowed something, should have taken him to hospital, in accordance with College of Policing Authorised Professional Practice (APP), rather than to the custody suite.

While we did not identify any criminal or conduct matters for the officers concerned, we recommended that Suffolk Constabulary reiterate the guidance contained within the APP about the need for officers to take detainees who are believed or suspected to have swallowed drugs to hospital.

We concluded our investigation in April 2017 but waited until the inquest into the man’s death had concluded in spring 2019 to publish its outcomes.