Complaints about excessive force and discrimination during a stop and search – Avon and Somerset Constabulary, February 2021

In February 2021, a man was stopped and searched under the Misuse of Drugs Act by an officer from Avon and Somerset Constabulary. During the search, officers handcuffed the man, used incapacitant spray and used force to detain the man on the ground. He was taken back to a police station for a strip search. Nothing evidential or illegal was found during either search.

The man complained that officers had racially profiled him and been discriminatory in nature. He also complained that officers used excessive force during his arrest and damaged his mobile phone and laptop during the search.

We reviewed officer body-worn video footage and relevant CCTV. We also obtained accounts from those involved in the incident and reviewed relevant documents including the stop record. We considered the actions of the officers and consulted legislation and guidance regarding ‘Stop and Search’ and the use of force.

We interviewed two officers under criminal and misconduct caution regarding allegations that they had used excessive force against him and allegations that they had discriminated against him due to his ethnicity.

Our investigation concluded in July 2021.

We concluded there was no indication any police officer had behaved in a manner that would justify the bringing of disciplinary proceedings or had committed a criminal offence.
We determined the grounds to stop the man were reasonable, and the officer’s escalation in using force appears to have been partly informed by policing knowledge of the area and due to the man’s refusal to engage effectively during attempts to search him.

The officer’s stop and search records did not evidence a history of differential treatment based on protected characteristics.

In our view the use of force was appropriate. The officers’ explanation for their actions were plausible and supported by the body-worn video footage. The evidence indicated that in the circumstances there was no less favourable treatment due to the protected characteristic of the man’s race.

We carefully considered whether there were any learning opportunities arising from the investigation. We make learning recommendations to improve policing and public confidence in the police complaints system and prevent a recurrence of similar incidents.

We did not identify any organisational learning, but the investigation was considered as part of a wider piece of work we did to study stop and search cases nationally.