Moped driver injured after contact with police vehicle - Metropolitan Police Service, November 2017 & national recommendation - National Police Chiefs' Council, July 2019

Published 29 Oct 2019
Investigation

On 7 November 2017 at approximately 1am, the Metropolitan Police Service (MPS) was made aware that a motorcycle which had been driving dangerously in the Kent Police area was entering the MPS area. The driver of the motorcycle was not wearing any protective equipment. The motorcycle continued to be monitored and various tactical options were considered to stop it. At approximately 2.18am an MPS police car made physical contact with the motorcycle. The driver lost control of the motorcycle, fell onto the road and was detained. The driver, a seventeen-year-old, was then transferred to hospital. He sustained fractures to his skull, foot and eye socket.

The police officer who was driving the police vehicle that made contact with the motorcycle had carried out a manoeuvre known as ‘tactical contact’. He was made a subject of the investigation for allegations of excessive use of force.

During the investigation, we reviewed footage from the police vehicles involved and from a helicopter that was assisting. We analysed data from the police vehicles on-board computer, which showed that the likely speed of the police vehicle at the time of the impact was 42mph.

Our investigators interviewed the officer and obtained statements from several witnesses. We examined the evidence in the context of the information available regarding this specific incident, policy and legislation and the national use of tactics to prevent and deal with motorcycle crime. We also gave consideration to the rise of motorcycle-enabled crime in the MPS and to public confidence in policing.

Based on the evidence available, and after consideration of additional information received from the MPS, we were of the opinion that the force used by the officer when using tactical contact on the moped driver was disproportionate and unreasonable. Although this was a deliberate application of force, there was no evidence of malice to aggravate the potential breach of the standard.

Our view was that there was sufficient evidence that the officer had breached the Use of Force standard of professional behaviour, and should attend a misconduct meeting. We completed our investigation in January 2019.

After reviewing our report, the MPS agreed to hold a misconduct meeting for the officer.

At the meeting, held in Autumn 2019, the panel did not find misconduct proven in relation to the use of tactical contact, but determined that the officer should receive formal management action around how his justification for using it had been presented.

Our investigation highlighted a need for clear national policy and guidance to be developed on the use of tactical contact in relation to two-wheeled vehicles and similarly vulnerable road users (see learning recommendation below).

IOPC reference

2017/094428
Date of recommendation
Date response due

Recommendations

Tags
  • Metropolitan Police Service
  • Death and serious injury
  • Road traffic incidents
  • Use of force and armed policing