Man injured following pursuit - Cambridgeshire Constabulary, November 2018

Published 22 Jan 2020
Investigation

At approximately 5pm on 25 November 2018, Cambridgeshire Constabulary received a call about a stolen transit van. Two police units responded to the last known location of the stolen van. At 5.18pm, the van was reported as driving in convoy with another vehicle. However, the driver of one of the police vehicles did not have the required training for a pursuit, and therefore could not follow the stolen van. The driver of the second police vehicle, an armed response vehicle (ARV), had the required training to continue following the van while seeking an opportunity to stop and make an arrest. The ARV drove down the high street towards the stolen van. After unsuccessfully trying to block off the van’s route at a mini roundabout, the ARV pursued the stolen vehicle into a residential area. The driver of the stolen van collided with a brick wall and got out of the vehicle. He was struck by the ARV, lifted off his feet and thrown forward by the velocity of the impact into the front garden of a house. He sustained a dislocated hip as a result and was taken to hospital for treatment

Cambridgeshire Constabulary referred this incident to us in November 2018 as a Death or Serious Injury referral. In the course of reviewing dash-camera footage and the independent data download from the car, we found indications that the driver of the police ARV may have breached section 1a of the Road Traffic Act. We served the police driver with a notice and a criminal letter.

During our investigation, we secured the police vehicle independent data download and analysed a report. Our investigation confirmed the speeds and contacts between a stolen van and a police vehicle. We also assessed body-worn video footage. Our investigators took statements from key police witnesses. We interviewed the police driver under criminal caution. He provided an account and rationale for his decision making.

The police driver stated that going alongside the van was a deliberate action on his part to try and keep the man in the van. We accepted that, while the tactic was unsuccessful, there was no evidence of malicious intent on the police driver’s behalf to injure the man.

Notwithstanding the legitimate policing purpose of the pursuit, and that the man got out of the van and into the path of the ARV, this was a serious collision with a person, with serious injuries, and which reports suggest could have been avoided. Specialist reports have raised questions about the manner of the pursuit and about the choice of tactics, both of which appear to have increased risk. For these reasons we were of the opinion that a reasonable tribunal, properly directed, could find that the police driver had breached the standards of professional behaviour in relation to duties and responsibilities. We were of the view that this may constitute misconduct, but did not require attendance at a misconduct meeting. We completed our investigation in September 2019.

After reviewing our report Cambridgeshire Constabulary agreed. The force advised that the police driver would receive management action. This will include a directed reflection meeting with the Head of the Driving School to explore the police driver’s actions, decisions and risk assessment. The officer will also undertake remedial refresher training, particularly in regard to the assessment of risk in dynamic circumstances associated with pursuit driving and tactics, and any other refresher training recommended by the Head of the Driving school.

IOPC reference

2018/112112