Complaints of use of excessive force - West Midlands Police, February 2015
On 24 February 2015 West Midlands Police arrested a man for offences of robbery and took him into custody. He was charged with multiple offences and remanded in custody by the police to appear before the Magistrate’s Court the following day.
On 25 February the man was at the custody desk, wishing to make a telephone call. When there was no answer to the call the man became verbally aggressive towards staff.
The custody officer moved from behind his desk to an open area to speak with the man and to assist two other officers who were also there, with a view to taking the man back to his cell. At this point the man lunged towards the custody officer.
The custody officer grabbed the man round the neck and pulled him to the ground. During the restraint the man tried to bite the officer and the officer struck the man around 12 times to the head with a clenched fist. The man was subsequently restrained with the assistance of other officers and taken back to his cell. The incident was recorded on CCTV.
The man received multiple facial bruising and a small laceration to the right eyebrow. He was taken to hospital, where his injuries were examined.
The man subsequently made a complaint to West Midlands Police. The force referred this to us on 9 March 2015.
During our investigation we interviewed the custody officer. We also examined CCTV footage from the custody suite as well as the man’s custody logs and medical records. We interviewed witnesses to the incident, and reviewed applicable policies, procedures and legislation.
At the end of the investigation, based on the evidence available, the Lead Investigator was of the opinion that a reasonable tribunal may find that the custody officer had a case to answer for gross misconduct in respect of excessive use of force.
We also submitted a file of evidence to the Crown Prosecution Service. After reviewing the evidence, the CPS authorised a charge of section 47 assault (Actual Bodily Harm).
After reviewing our report, the force decided to wait for the outcome of the trial before making their determinations.
Following a trial in September 2016, the custody officer was acquitted of the offence of assault.
After the trial, West Midlands Police determined that the officer had no case to answer for gross misconduct. However, we directed them to hold gross misconduct proceedings
In spring 2018 the officer appeared before a gross misconduct hearing to answer an allegation that he had breached the standards of professional behaviour in respect of use of force. The independent panel found he had no case to answer in relation to the use of force.