Use of force during arrest and detention - West Midlands Police, August 2018

On 22 May 2018, West Midland Police (WMP) officers attended a domestic incident, which resulted in them arresting a man. During the incident, a physical altercation ensued between the man and WMP officers after he had been placed in the police car. One deployed incapacitant spray, which appeared to have little effect. The other officer deployed his Taser.

WMP referred this incident to us in August 2018 to investigate the conduct of both officers.

During the investigation, investigators interviewed the officers, obtained statements from several witnesses and reviewed the officers’ body-worn video (BWV) footage. Investigators also reviewed audible airwave transmissions from the incident and conducted a house-to-house enquiry in the vicinity of the incident location.

The evidence appeared to support the officers’ accounts that the man became aggressive in the rear of the police vehicle. The BWV footage showed the man behave aggressively and move quickly towards the car door, where the physical altercation with officers commenced. Evidence showed that, following the use of incapacitant spray, the man was in a restraint position on the ground.

While the man was on the ground, BWV captured one officer saying “you know what, fuck it” before deploying his Taser. The officer later explained his justification for using Taser was to gain complete control of the man, and that the words he used reflected his frustration at having to escalate and do something he didn’t want to do. We were of the view that the officer had not given due consideration to the fact that additional officers were mere seconds away from arriving when he deployed his Taser. We were also of the opinion that the officer’s justification for the use of Taser was insufficient.

Based on the evidence available, we were of the opinion that a tribunal, properly directed, could find gross misconduct for the officer who deployed his Taser for breach of the Authority, Respect and Courtesy and the Use of Force standards of professional behaviour. In respect of the officer who deployed his incapacitant spray, the investigation concluded that there was no case to answer for misconduct. We concluded our investigation in October 2018.

The officer who deployed his Taser attended a gross misconduct hearing in autumn 2019. The panel could find no reason to doubt the evidence provided by the officer, and found that he had had an honestly held belief, at the time he used his Taser, that his safety and the safety of others were in danger, and that it had been necessary for him to deploy his Taser. Regarding the officer’s use of words, the panel found this was a comment that did not reflect a lack of self-control and did not discredit police service or undermine confidence in policing. The panel concluded that gross misconduct was not proven. No further action was taken.