Investigation finds force used by police prior to man’s death in Derbyshire was reasonable

An investigation by the Independent Office for Police Conduct (IOPC) into Derbyshire Constabulary’s contact with a man who died shortly after he was detained during the execution of a search warrant found that the force used by officers was reasonable in the circumstances.

Cyril McGuiness, aged 54, was handcuffed by Derbyshire officers after they forced entry to search a property in Buxton on 8 November 2019, assisted by officers from the Northern Ireland Police Service. During the search Mr McGuinness developed breathing difficulties and suffered a suspected cardiac arrest.

An ambulance was called and paramedics and police provided first aid. Sadly Mr McGuiness died a short time later in hospital. An inquest jury at Chesterfield Coroner’s Court returned a narrative conclusion today (Wednesday) and gave the cause of death as natural causes.

The IOPC’s seven-month investigation began on the day of the incident following a mandatory referral from Derbyshire Constabulary. The investigation considered the actions and decisions of police in relation to the entry to the premises and restraint of Mr McGuinness; and the steps taken to safeguard and assist him after he indicated that he felt unwell.

IOPC regional director Derrick Campbell said: “Our sympathies are with the family of Mr McGuinness at this extremely sad time for them.

“Our role was to carry out an independent investigation into the police interaction with Mr McGuinness before his death. We found that the force used by officers to execute the warrant was reasonable and proportionate in the circumstances. We found no performance issues for any police officers involved. Evidence we gathered supported officers’ accounts that after Mr McGuinness was handcuffed he was comfortable with the process. He was provided with a cup of tea and taken outside so that he could smoke a cigarette. Prior to Mr McGuinness becoming ill, there was no evidence that the police were aware of his pre-existing heart condition.

“The inquest heard from a pathologist whose view was that although it could not be ruled out that the stress induced by the actions of the police may have caused or contributed to Mr McGuinness’s cardiac episode, it was also possible that it was wholly unconnected.”

The investigation found that four officers equipped with body-worn video (BWV) had switched their devices off at various stages during the search. The officers variously stated that they had turned off their BWV to conserve battery life and storage and because there was no requirement that they should record the entire search. At the end of our investigation, we recommended to Derbyshire Constabulary that even in the case of lengthy and complex searches it would be prudent for at least one officer to be recording with BWV at any given time. This would ensure that if an unexpected event were to occur there should always be a recording that could be referred back to if necessary. This would be consistent with the current police authorised professional practice.

During the investigation IOPC investigators gathered witness accounts from police officers and paramedics, carried out house to house enquiries, and reviewed police body worn video footage, incident logs and expert reports.