Allegations of excessive use of force during arrest and detention - West Midlands Police, December 2017

Published 16 May 2019
Investigation

On 17 December 2017, West Midlands Police officers arrested a man for assaulting a police officer in Birmingham City Centre. The man later claimed that, during his arrest, transportation and detention, officers punched him in the face and kicked him in the ribs, which amounted to excessive use of force.

During the investigation, our investigators analysed documents, CCTV footage and obtained statements from a number of witnesses.

As there was an initial indication that three officers may have used excessive force, they were issued with a notice of investigation. A fourth officer was issued with a notice, for an alleged failure to record a complaint and to obtain and secure evidence. The officers provided accounts in response to the allegations.

Evidence indicated that the man, by his own admission, had been non-compliant during his arrest. Officers stated that the man was taken to the floor twice. On the second occasion, several officers knelt on him so that leg restrains could be applied. The man may have received some injuries at this stage due to the officers using necessary force to arrest, detain and transport him while he was actively resisting arrest. We were of the opinion that the officers’ use of force was necessary, proportionate and reasonable in the circumstances.

CCTV footage showed that the man had been spitting blood at officers in his cell, which corroborated officers’ statements. We found that the force used by one of the officers to stop the man from spitting was necessary, proportionate and reasonable in the circumstances.

We also found that the man had had the opportunity to make a complaint, but chose not to. We were therefore of the opinion that the actions and decisions of the fourth officer were appropriate.

Based on the evidence available we found no indication that any person serving with the police may have behaved in a manner that would justify the bringing of disciplinary proceedings, or had committed a criminal offence. We completed our investigation in June 2018.

After reviewing our report West Midlands Police agreed.

IOPC reference

2018/099369
Tags
  • West Midlands Police
  • Custody and detention
  • Death and serious injury
  • Use of force and armed policing