Complaint regarding use of Taser - West Midlands Police, February 2018

On 22 February 2018, a West Midlands Police officer stopped to speak to a man, which resulted in a verbal altercation between the two of them.

The officer proceeded to arrest the man for a public order offence, during which the officer deployed a Taser to the man’s face.

During the investigation, our investigators interviewed the officer, obtained statements from several witnesses and viewed the officer’s body-worn camera footage.

We were of the view that the officer had breached the Standards of Professional Behaviour, and that a reasonable tribunal, properly directed, could find the officer had a case to answer for gross misconduct. We completed our investigation in August 2018.

We sent our investigation report to West Midlands Police, who agreed that the officer had a case to answer for gross misconduct.

In April 2018 we sent a file of evidence to the Crown Prosecution Service (CPS) as there was an indication that the officer may have committed assault occasioning actual bodily harm. In August 2018 the CPS charged the officer with assault occasioning actual bodily harm. The officer appeared in court in spring 2019 and was acquitted of this charge.

Following the criminal proceedings, West Midlands Police held a misconduct meeting. The Panel found misconduct proven on two counts: one for using inappropriate language while deploying the Taser, and the other for swearing at a member of the public while deploying a Taser. The Panel found misconduct not proven on the officer’s use of force. The Chair determined there would no further action.