Allegations of use of excessive force and inappropriate language - West Midlands Police, December 2018
On 22 December 2018 a West Midlands Police custody sergeant was involved in two incidents involving two different detainees. These were brought to the attention of a custody inspector, who then made a referral to Professional Standards within West Midlands Police. The force referred both incidents to us on 4 January 2019 as a Conduct referral.
Mr A
The evidence obtained by our investigation indicated that the custody sergeant had used an inappropriate level of force and made an inappropriate comment to a detainee (Mr A) while involved in a strip search.
During the investigation, our investigators interviewed the officer and obtained statements from a number of witnesses. We also analysed CCTV footage from inside the custody suite. We contacted Mr A with a view to obtaining an account but he did not respond to our communications.
Evidence indicated that the officer had used a leg sweep manoeuvre to take Mr A to the floor. The officer’s rationale was that he believed that somebody would be assaulted due to the way Mr A was behaving. While the leg sweep is not an approved technique, we accepted this was done in a fairly controlled manner and that the officer had not breached any standard of professional behaviour for using it.
Evidence also indicated that the officer used inappropriate, threatening language when leaving Mr A’s cell. It was our opinion that the officer might have a case to answer for breach of the ‘Authority, Respect and Courtesy’ Standard of Professional Behaviour.
After reviewing our report, WMP agreed, and proposed to address this by management action. We agreed that their proposal was satisfactory.
Mr B
The evidence obtained by our investigation indicated that the custody sergeant had used excessive force during his dealings with a detainee (Mr B) in the custody suite.
We obtained a number of witness statements from police officers and custody staff. We also obtained and analysed the CCTV from the custody suite. We took a significant witness statement from Mr B. We also interviewed the police sergeant under both criminal and misconduct caution.
Based on the evidence available, at the end of the investigation, we were of the opinion that a reasonable tribunal could find that the custody sergeant had a case to answer for gross misconduct for the following allegations:
- using unnecessary, disproportionate and excessive force by using a rear headlock technique on Mr B while present at the custody desk
- using unnecessary, disproportionate and excessive force in administering three distraction strikes to Mr B’s face while in the corridor of the custody suite
- using unnecessary, disproportionate and excessive force by placing his foot on Mr B’s head as a method of control while in the corridor of the custody suite
- using unnecessary, disproportionate and excessive force by performing an uncontrolled takedown on Mr B in the cell while Mr B was handcuffed to the rear, as a result of which Mr B sustained an injury to his eyebrow area
We concluded our investigation in June 2019.
We also submitted a file of evidence to the Crown Prosecution Service (CPS), to consider whether the custody sergeant had committed any criminal offence(s) as a result of his use of force.
After reviewing our report, West Midlands Police determined that, were all four areas of concern be found proven, then it would amount to a case of gross misconduct, as dismissal could be justified.
The CPS authorised two charges of common assault and, in summer 2019, the custody sergeant was convicted of two counts of assault by beating, following a trial.
The sergeant resigned from the force after the criminal trial.
In winter 2019, a special case hearing found gross misconduct proven for the custody sergeant. The panel chair concluded that the sergeant would have been instantly dismissed from the force, had he still been serving. He was placed on the barred list of former officers who cannot work for the police service in the future.