Stop and search, Harlesden - Metropolitan Police, October 2018

Published 13 Nov 2020
Investigation

On 4 October 2018, a man was stopped by MPS officers in North-West London. Officers attempted to detain the man, during which time force was used to bring him to the ground. One officer discharged incapacitant spray directly towards the man’s face at close range, after which he was arrested and detained.

The man was arrested for possession of cannabis, obstruction of a drugs search, two counts of assault on police, and on suspicion of grievous bodily harm (GBH), relating to an alleged stabbing in April 2018.

The man was then taken to custody, where he remained overnight. Whilst in custody, the GBH charge was removed as there was deemed insufficient evidence to connect him to the offence. All remaining charges against the man were discontinued in court.

The incident first came to our attention via social media; we subsequently called it in as a recordable conduct matter. The man made a number of complaints to the IOPC and further conduct issues were identified for investigation.

Our investigation looked at the quality of the stop and search of the man, the force used on him, his treatment whilst in police custody, and the individual complaints he made.

We interviewed four officers under misconduct caution. We also conducted witness interviews with the man, a member of the public who witnessed the stop, other officers who had been present at the scene and/or in custody, and members of his family who attended custody.

We reviewed officers’ body worn video footage, CCTV, phone footage from members of the public and police radio transmissions. We reviewed crime reports, incident reports, press logs, newspaper articles, the man’s custody record and relevant medical records. We also considered local and national policies and procedures, as well as relevant legislation.

We were of the opinion that there was no case to answer for misconduct for any of the officers. For one officer, we concluded that in one instance their conduct fell below that expected of an officer and recommended that this would be most appropriately addressed by way of management action.

We considered ten complaints from the man and upheld one of them relating to the man not being informed that he had been de-arrested for GBH.

The MPS agreed with our recommendations and decision regarding the upholding of the complaint.

We also identified areas of potential learning, these include effective communication, training in relation to intelligence, custody procedures, record keeping and MPS Press Office procedures.

Additionally, the findings of this case were considered as part of a wider piece of work the IOPC did to study stop and search cases which occurred in the MPS.

IOPC reference

2018/111561
Date of recommendation
Date response due

Recommendations