Complaints of use of force and injury sustained during arrest - Cheshire Constabulary, September 2017

A man had a verbal interaction with Cheshire Constabulary officers in September 2017 in Warrington after they had arrested his brother. Shortly afterwards, the man ended up on the ground along with some police officers and a member of the door staff from a nearby bar. While the man was on the ground, one of the officers used a closed fist to strike the man to the face.

The man was arrested for assaulting a police officer. He had injuries to his face and was taken to hospital by ambulance, where he was diagnosed with a fractured eye socket.

The man was charged with assaulting a constable in the execution of his/her duty and using threatening behaviour likely to cause alarm or distress. He was discharged from hospital and taken to custody. The man was released on bail the next day. He was later found not guilty, as the Magistrates found that he had not intended to cause another to fear immediate and unlawful violence.

After his release from custody the man spoke to family and friends, and was shown video footage of him being restrained to the floor and then being punched by a police officer. The man stated that he did not remember anything after being punched until he woke up in custody the next day with an injury to his eye.

The man made a complaint to Cheshire Constabulary about the force used on him. He claimed that he had been assaulted and knocked unconscious by a police officer. During the course of our investigation, he also complained to us that another officer had punched him.

During the investigation we obtained and reviewed CCTV and mobile phone footage of the incident. We also took accounts from the man, his family and friends, as well as from officers at the scene.

Officers’ accounts stated that the man had been unco-operative and would not listen to instructions and leave the area when asked. They also alleged that the man had assaulted a police officer and used abusive and threatening behaviour.

The officer who used force on the man was interviewed under criminal caution and justified his use of force by stating that he was pushed to the floor by the man and that, when they were both on the floor, he honestly believed the man was free, able and about to attack him again. He therefore used force in order to subdue the man and effect his arrest.

We sought the opinion of an independent medical expert, who stated that the injuries to the man’s eye were not as a result of a punch and may be consistent with an accidental injury sustained during his restraint.

At the end of the investigation, we were of the opinion that the officer’s use of force was necessary, proportionate and in line with local and national training and policy.

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.