Complaint of use of excessive force in custody - Kent Police, March 2017

On 28 March 2017, a man was arrested by Kent Police for grievous bodily harm, and taken to Canterbury Police Custody. The man alleged that police officers and police staff used excessive force against him by. He also alleged he was not read his rights or provided with the reason for his arrest. The man made a complaint to Kent Police, which was referred to us.

During the investigation, investigators interviewed a police sergeant, obtained various witness accounts for custody staff, examined custody records, reviewed custody CCTV footage and relevant policy and guidance.

Evidence suggested that the man was not read his rights upon arriving to custody as he was considered ‘too drunk and violent’.

In addition, the CCTV footage showed the man’s arm protruding through the cell hatch. The police sergeant took hold of the arm and attempted to push it back through the cell hatch door. Unsuccessful in doing so, the police sergeant then applied four hammer strikes with the bottom part of his fist to the man’s arm.

At the end of the investigation we were of the opinion that the amount of force that the police sergeant used on the man while he was in his cell could be considered to be a breach of professional standards.

After reviewing our report, Kent Police agreed, and a gross misconduct hearing was scheduled.

We also passed a file of evidence to the Crown Prosecution Service and a charge of common assault was brought. The police sergeant was initially convicted of common assault, but, following an appeal, this conviction was overturned.

At the misconduct hearing, the panel was satisfied that the police sergeant’s use of force was justified and necessary, and found misconduct not proven, even on the balance of probabilities. No further action was taken.