Excessive force alleged during son's arrest - Devon and Cornwall Constabulary, March 2022

Devon and Cornwall Police · Ref: 2020/138128

Recommendation date: 1 March 2023

Response due: 26 April 2023

Published: 3 July 2023

Discrimination

In June 2020, a man made a complaint about the way his son had been treated when he was arrested in a non-recent incident. He felt that the police used excessive force against his son, that they disregarded him saying he was unable to breathe, that they discriminated against him because of his race, and that they intimidated a bystander who was recording the incident. Due to the time that had elapsed between the incident and the complaint being made, some evidence that may have been useful was not available as it had not been retained. Other evidence, such as use of force forms, which would have assisted our investigation had not been created at the time, although police guidance and policies stated they should have been. We considered all the relevant evidence that was available, which included the bystander video footage of the arrest, contemporaneous witness statements, and custody …

View on IOPC website

Recommendations (3)

Recommendation 1 Accepted

Recommendation

The IOPC recommends that Devon and Cornwall police take steps to ensure officers and PCSOs are aware of their duty to accurately record their uses of force in use-of-force-forms, and for attendance at all incidents which require a record be … Read moreThe IOPC recommends that Devon and Cornwall police take steps to ensure officers and PCSOs are aware of their duty to accurately record their uses of force in use-of-force-forms, and for attendance at all incidents which require a record be made for evidential purposes, they create a record in the most appropriate form (i.e pocket-notebook entry or statement, as well as retention of Body Worn Video Footage). This follows an investigation which concerned the restraint and arrest of a man that was videoed by a member of the public. Eleven officers told IOPC investigators that they had personally used force on the male, yet only one officer submitted a use of force form. The expectation is that officers complete a use of force form in respect of the force they personally used, and as such, this use of force form did not detail all the force used against the male; it made no reference to the use of limb restraints, spit hood or CAPTOR spray (an incapacitant spray), nor the multiple officer lift. The Use of Force policy states that “Officers will complete the appropriate use of force report form whenever they use physical force…the relevant custody Sergeant (designated or non-designated facilities) will ensure adherence to this procedure, but it remains the ultimate responsibility of the officer using the force to ensure that the use of force report form is completed”. Only one officer completed a meaningful pocket-notebook entry in respect of this incident (one PC and one PCSO noted their attendance but nothing further), despite 26 telling the IOPC they were present at the incident. Only three officers provided statements about this interaction, which were submitted as evidence for the investigation into the male for assaulting emergency workers. Devon and Cornwall police’s pocket notebook policy states an entry should be made following “Incidents which require a record for evidential purposes where no original notes are made elsewhere “. During the arrest attempt, the officer utilised the code zero function on their radio (signifying that an officer was in urgent need of assistance), resulting in attendances from other police constables, detective constables, sergeants and police community support officers, meaning that this issue is not unique to one team, but widespread. Do you accept the recommendation? Yes Show less

Force Response

Accepted action: These have been recorded on Pentana Ref - [Redacted] They have been allocated an owner – Ch Insp – Alliance Operations Department. Initial response from Ch Insp : A SharePoint [intranet] message is to be published reminding staff … Read more

Recommendation 2 Accepted

Recommendation

The IOPC recommends that Devon and Cornwall Police should take steps to ensure Exeter officers are aware of their duty of cooperation during IOPC investigations. This follows an investigation in which IOPC investigators were met with delays in obtaining statements … Read more

Force Response

Accepted action: These have been recorded on Pentana Ref -[Redacted] (They have been added to the previous recommendations as they relate to the same incident). These are allocated an owner – Supt the area commander for Exeter, East & Mid … Read more

Recommendation 3 Accepted

Recommendation

The IOPC recommends that Devon and Cornwall police should take steps to ensure Exeter officers and PCSOs are aware of ACPO guidance (Association of Chief Police Officers Communication Advisory Group Guidance 2010) in respect of members of the public taking … Read more

Force Response

Accepted action As per recommendation 2.