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  1. The Met Police has published footage of officers knocking suspected criminals off scooters, at the same time as the watchdog is investigating some crashes.
  2. NPCC fully supports national review. Date - 23rd November 2018 By - JJ Hutber- Police Oracle Chiefs are developing national guidance on modifying vehicles used for covert police work after an officer covered his emergency lights with hosiery and was seriously injured in a crash. The North Wales Police officer had used nylon tights to help disguise the emergency lights of the BMW he was using. But he was seriously injured when his car collided with an HGV in a layby on the A55 in Llanfairfechan in January 2016. He was trying to avoid a van which had moved into his lane on a dual carriageway. The North Wales Police collision investigation found “there was a significant reduction in the light output with the nylon covers according to both the collision investigator and through tests carried out by a technical expert. “It was also recorded that the nylon covers could not be ruled out as a contributory factor to the collision as they made it extremely difficult for the driver of the light goods vehicle to identify the vehicle behind them as a police car responding to an incident.” The Independent Office for Police Conduct (IOPC) investigation raised concerns there is no national standardisation for covering lights and many forces are resorting to alternative measures such as tights. Investigators were alarmed that “modifications are being made without any form of scientific testing to examine the effect of any coverings on the level of brightness when the emergency lights are turned on.” The National Police Chiefs’ Council is to develop national standards of practice. IOPC Director for Wales Catrin Evans said: “When police forces attempt to make unmarked police cars less visible, they need to adopt a standardised approach. “Any modifications made ought to be tested and approved by experts rather than using ad hoc solutions that may not be the safest method. “For the safety of police drivers and the public alike, testing would also help make sure that any coverings do not significantly limit the visibility of the emergency blue lights when turned on. “I’m pleased to see the NPCC has recognised the need to develop this national guidance and has commissioned a working group to produce the new policy.” The IOPC found no case to answer for the officers involved covering the grille lights with nylon tights due to the lack of any national policy or guidance. No members of the public were harmed in the collision. A spokesman for the NPCC said they accept the recommendations. Police Oracle has contacted North Wales Police for comment. View On Police Oracle
  3. Several officers have faced IOPC investigations after suspects swallowed drugs and died. Date - 5th November 2018 By - JJ Hutber- Police Oracle 3 Comments More people will choke to death during or after police incidents if the service does not “urgently” clarify what officers are expected to do when a suspect swallows drugs, a coroner has said. In May 2016, 48-year-old Karl Brunner died in Bedford town centre after swallowing a package of Class A drugs which became lodged in his throat. The four officers involved did not realise he was choking and were initially subject to an Independent Police Complaints Commission investigation. But an inquest jury ruled in January Mr Brunner’s death was accidental and found no one, not the paramedics called to the scene or clinicians at Bedford Hospital, saw the package lodged in his throat. During the inquest, counsel for Mr Brunner’s family, Tom Stokes, presented College of Policing endorsed advice emphasising that attempts to prevent an individual swallowing an object by “any means” will increase the choking hazard. But none of the senior police officers or instructors who gave evidence had ever seen the document before. Assistant Coroner for Bedfordshire and Luton Martin Oldham wrote in a Regulation 28 Report to Prevent Future Deaths he had been shocked when the officers who tried to arrest Mr Brunner said in their evidence mouth shields are universally considered “useless”. The officers gave Mr Brunner chest compressions but did not give breaths as they didn’t believe the equipment would protect them. Mr Brunner had also vomited, was a known drug user and was known to have recently been discharged from hospital. “Police officers are provided with mouth and face guards which are so defective and inappropriate when dealing with high risk suspects who may have significant health issues that they are neither carried nor used in appropriate cases,” Mr Oldham wrote in his report. “This should be urgently addressed”. He added although officers are trained to deal with suspects who swallow drugs “the evidence disclosed a complete lack of knowledge of the risks of choking when suspects were either arrested or in the process of being detained". “This should be urgently addressed in the officers’ training and the appropriate medical procedures should be adopted.” Last week the Independent Office for Police Conduct found police use of force against Edir Frederico Da Costa, who died one week after trying to swallow bags of heroin and crack cocaine while being restrained, was proportionate. Senior Coroner Mary Hassell told the Metropolitan Police to improve their choking awareness training in a Regulation 28 Report released this summer into the death of 22-year-old Rashan Charles, who was restrained after swallowing a package found to contain caffeine and paracetamol. Chairman of Befordshire Police Federation Jim Mallen said: ”The matter of providing mouth guards to officers that would operationally need them is a debate about cost vs benefit. “Is it feasible to provide more expensive mouth guards against how often officers are using them? “In an ideal world police officers should have all the kit they need to keep the public and themselves safe and to administer CPR or first aid where required. “I am still in talks with our Chief Constable around this issue and this Regulation 28 report from our coroner will refocus that debate.” Mr Oldham’s Regulation 28 report is addressed to Bedfordshire Police Chief Constable Jon Boutcher and "Association of Chief Police Officers" who must respond by December 20. Bedfordshire Police Assistant Chief Constable Jackie Sebire said: “The force is dedicated to improving our procedures to ensure the safety of those in our custody and is currently reviewing the recommendations in relation to the death of Karl Brunner. “Our training is regularly revised and additional guidance on dealing with the swallowing of objects by those detained by police is now included in the first aid training delivered to officers and staff. This includes using tactical communications to persuade the person to remove the object themselves. “We continue to evolve our policies in line with national guidance. We are aware that there are several reviews on the subject and we will align our procedures to the recommendations when they are published if required.” View On Police Oracle
  4. Paramedics more likely to find patients need no treatment when called by police. Mike Boyne of the Association of Ambulance Chief Executives Date - 2nd November 2018 By - JJ Hutber- Police Oracle 1 Comment Officers are twice as likely as the general public to call an ambulance for an incident involving minor injuries because they are so concerned about misconduct investigations, the Association of Ambulance Chief Executives (AACE) has found. Mike Boyne, of the organisation, warned delegates at the National Police Chiefs’ Council and Association of Police and Crime Commissioners annual summit this week they would find his presentation "challenging" but said he “loves” the police. He joked he used to be in the military police so he knows “what it is to be unloved”. About three or four years ago the AACE started getting complaints from the police service about the timeliness of their response so decided to investigate their data. Mr Boyne said the results showed calls from the public are more than twice as likely to relate to a serious issue than the police service and police are far more likely to request an ambulance for a low priority incident compared with the general public. Paramedics are “much more” likely to arrive on scene and find patients need no treatment at all when asked to attend by police, he said. Mr Boyne also stated the AACE found consistently over three years ambulance response times to a category one or two incident from the police are “generally equivalent or a little bit better” than when it comes from the public and normally faster for category three and four alerts. “What comes through consistently to us is that the driver for that [ambulance calls for low level incidents] is the police fear of IOPC [Independent Office for Police Conduct] action. “If you call an ambulance and get someone checked over just in case you’ve got pretty good cover.” He said target response times for different types of incident are set by NHS England and will not take into account delays to other emergency services. “Police officers are likely to wait longer in circumstances that are entirely appropriate for the patient’s condition that are not very practical for you given you want to be released from the scene to go on to respond to other police incidents. “You can see how the problem is created. “Where we get complaints there are some shockers but generally the response we get about delays are not delays in our world.” Several ambulance trusts have already put in schemes which allow clinicians to speak directly to officers through the Airwave network or give officers direct lines into ambulance trusts have showed promising results, he said. But tensions over funding between police and ambulance commissioners is presenting a serious barrier to collaboration, exacerbated by “police fear of IOPC”. Mr Boyne said plans are underway to develop a national framework, working with the IOPC to amend their decision making guidance. “We’re working to try and get more structure to that. We need your help to build confidence,” he said. View On Police Oracle
  5. Some 71 per cent of cases ordered by the IOPC were unproven or dismissed before they could finish. Phill Matthews has called for change Date - 31st October 2018 By - Ian Weinfass - Police Oracle 2 Comments Just one eighth of misconduct hearings directed by the police watchdog against officers result in the highest possible finding, Police Oracle can reveal. Directed misconduct hearings take place when a force believes there is no case to answer for gross misconduct against an officer but the Independent Office for Police Conduct, formerly the IPCC, disagrees. Earlier this year Police Oracle asked the watchdog how many hearings it had made forces hold in the last five years and what the outcomes were, but the IOPC said it did not keep any records. Since then, we have obtained data from 37 forces and can now reveal that 71 per cent of directed misconduct hearings in the five years to August 2018 resulted in no finding of either misconduct or gross misconduct against their subject. The cases are controversial in the service because they are held once internal investigators have already concluded, sometimes more than once, that there is no prospect of a gross misconduct finding against an officer. The period covered by this data includes cases such as that of Met PC Joe Harrington, whose hearing was thrown out in June after “unreasonable delays” occurred. It had been more than five years since misconduct proceedings began against him. It had been a total of seven years since he had been accused of assault during the London riots, and he was cleared by a jury in minutes in 2013. He delayed his marriage as a result of the uncertainty surrounding his career, and said: "the effect on my private life was horrendous". The stats also include the case of PC Barry Munnelly and Sgt Olumide Olufola who, in July of this year, were called to a hearing to answer allegations concerning an alleged use of force in December 2011. Ex-PC Glen Chandler was accused of giving a false statement about the incident. It was twice investigated by the force who twice concluded there was no case to answer, before an appeal to the IPCC from the "victim" was partially upheld, judicially reviewed and the case was then considered by the CPS. The case could not proceed because of the time delay involved. The figures do not include a case against two Nottinghamshire officers which was thrown out in 2017 after a near six-year investigation because of an abuse of process by the then IPCC, because the force is yet to answer our Freedom of Information request. Police Federation of England and Wales misconduct lead Phill Matthews said: “These figures highlight the public finance that’s being spent on cases instead of providing policing to the public.” He said the figures further show the “the waste of time, money and effort directing cases” that should not have been brought, with the associated increase in stress this causes officers. Mr Matthews pointed out that as well as the drain on public finances, PCs, like Joe Harrington, who are on restricted duties for years also miss out on allowance and overtime payments. A spokeswoman for the IOPC said that our figures are reflective of the rules they have to work under. “We know the case to answer test is low but it has been repeatedly tested through judicial reviews and found to be appropriate," she said. “Last year the High Court ruled that an 'investigator’s own opinion whether the case should succeed is immaterial'. So it would be unlawful for the IOPC to ignore the test and apply one, similar to the CPS, based on a realistic prospect of the case being proven. With that in mind, these figures are a reflection of the system.” She added that a recent unsuccessful judicial review case brought by a force highlighted that the test is a matter for parliament, not the IOPC, though noted the government is reviewing the test to answer case. A Home Office spokesman said: “We are legislating for a programme of measures to improve standards of behaviour in the police and reform the handling of complaints and disciplinary procedures involving police officers. “The reforms, due for implementation next year, will introduce greater accountability for lengthy investigations and improve how misconduct hearings are prepared and conducted to ensure a more effective, timely and fairer hearing process. “The case to answer test is enshrined in primary legislation, but the reforms include changes to decision-making process and the government will also seek to ensure a consistent approach by all decision-makers via guidance.” In numbers: 19 - The Metropolitan Police had 21 cases directed against a total of 49 officers – 19 of the cases were found unproven, and only one resulted in a gross misconduct ruling, where the officer received a final written warning. 5 – West Midlands Police was made to hold five hearings. Not a single allegation was proven. 4 – Greater Manchester Police held four directed hearings. No misconduct or gross misconduct was found. 9 – cases of gross misconduct were found across the country, one each at British Transport Police, Humberside, Lancashire, Leicestershire, Merseyside, the Met, North Wales and two in Northumbria. 1 - Cheshire Constabulary was the only force which outright refused to answer our request for information. Six others failed to respond within two months of being asked View On Police Oracle
  6. Edir Frederico Da Costa lost consciousness after his arrest and died a week later. Violence erupted at protests that followed. Police at the protest following the death of Edir Frederico Da Costa. Photo: PA Wire Date - 30th October 2018 By - Ian Weinfass - Police Oracle An investigation into the death of a man in London which sparked clashes at a protest against police has concluded the use of force used to restrain him was proportionate. The watchdog has also found that one officer may have committed misconduct over his use of CS spray. Edir Frederico Da Costa died a week after being restrained by Met Police officers in Newham, east London, on June 15 last year. Officers stopped the car he was travelling in and the 25-year-old tried to swallow a number of bags containing crack cocaine and heroin. While detaining Mr Da Costa the officers restrained him using handcuffs, and one officer used CS spray. Mr Da Costa lost consciousness. A second team of officers arrived at the scene and carried out first aid. An ambulance was called and he was taken to hospital. He did not regain consciousness and died on 21 June 2017. Six officers were injured and four people arrested at a protest about his death, a few days later. Campaigners had claimed Mr Da Costa's neck was broken and he was "brutally beaten" after the car, containing three people, was stopped in the Beckton area. But the Independent Office for Police Conduct has reiterated and expanded on its earlier statement, saying that that the post mortem report shows there was no fracture to his neck or spinal injury, nor a broken collarbone or bleed on the brain. The cause of his death was hypoxic ischemic encephalopathy – a lack of oxygen to the brain caused by a blocked airway. The watchdog has concluded that the stop of his car was justified and that the restraint of Da Costa was necessary and proportionate. But it has said one officer has a case to answer for misconduct over the way CS spray was deployed. The same officer and two others should receive management action over the speed in which they called for an ambulance, and one of those officers should receive management action over providing incorrect information about Mr Da Costa’s condition, it said. A fourth officer should receive management action over a comment they made in a statement providing their reasons for carrying out the stop. The IOPC’s statement said that this “comment revealed preconceptions the officer may hold about the driver’s age, race and gender in relation to the make and cost of the vehicle although it did not impact upon his treatment of the driver and was thus not deemed discriminatory”. The watchdog concluded there was no indication the officers’ actions in carrying out the stop were discriminatory. IOPC regional director Jonathan Green said: “Edir's death has had a devastating impact upon his family and friends, and our thoughts remain with all of those affected. “At the outset of our investigation a large amount of conflicting information began circulating regarding what happened to Edir. “We have attempted, when possible, to provide information to counter this, and have taken the step of announcing our findings ahead of the inquest in the interests of transparency. “We have conducted a rigorous investigation that has revealed a number of areas of concern regarding the actions of four officers. The Metropolitan Police has agreed with this conclusion and action will be taken. “It will be for an inquest, scheduled for next year, to determine how Edir died.” A final report will be published after his inquest takes place. A comprehensive review of advice to officers about searching people suspected of putting drugs or other packages in their mouths is being carried out by the Faculty of Forensic and Legal Medicine, the National Police Chiefs’ Council and College of Policing. View On Police Oracle
  7. Watchdog says there is a case to answer for the officer. File photo of South Wales Police Officers A police hate crime officer cleared by a court of repeatedly punching a 14-year-old boy in the face is still threatened with a gross misconduct hearing. PC Paul Evans was acquitted of assault by beating at Cardiff magistrates’ court after being told by a judge that while he may have acted as alleged, the evidence was insufficient to convict him. He denied the charge. The case against the 50-year-old South Wales Police officer went to trial after being referred to the Crown Prosecution Service by the Independent Office for Police Conduct. The IOPC investigation – which ended in June – considered the use of force by PC Evans during an incident at a Bridgend property at the beginning of the year. After the verdict, Wales IOPC director Catrin Evans said: “We have found that PC Evans has a case to answer for gross misconduct. “Disciplinary proceedings are currently under consideration between the force and the IOPC.” The force confirmed to Police Oracle that PC Evans has not been on restricted duties since being charged. View On Police Oracle
  8. Personnel banned from re-watching body worn video footage. Michael Lockwood Date - 15th October 2018 By - Sophie Garrod - Police Oracle 1 Comment The police watchdog has drawn up new post-incident procedure guidelines. The Independent Office for Police Conduct’s new documents state its “preference” is to ensure police witnesses are separated once it is safe to do so until they have provided an initial account. If this is not possible it says other steps must be taken such as using body worn video (BWV) to record them from the scene until they are interviewed by an investigator. Officers will also be prohibited from watching back BWV footage of the incident in case it “consciously or unconsciously” effects their recollection. The National Police Chiefs' Council accepts the guidelines, which await Home Office sign-off. But the Police Federation of England and Wales has expressed concern over the rules which update a previous version submitted by the IOPC’s predecessor, the Independent Police Complaints Commission, and was met by strong opposition from within the service. Chairman John Apter, is worried about how the regulations will be interpreted by the watchdog’s investigators. He said: “This is an emotive issue for our members, who may have been through an extremely traumatic event where a member of the public has died. “It is an area that we will be watching closely to ensure that officers are treated fairly and not made to feel like suspects rather than the witnesses they invariably are.” The Fed also takes issue with aspects concerning officer anonymity, particularly if IOPC staff are in possession of personal details, as is suggested in the guidance. Mr Apter said: “If this information were released, it would massively impact officers and their families and wreck any trust in the IOPC from our members. There are still also unanswered questions on the ability of officers to view their body worn video, and the speed and extent of initial accounts expected from officers. “However the Federation is committed to working with the IOPC to ensure that any Death or Serious Injury investigation gets the level of co-operation and information needed to properly satisfy public scrutiny whilst affording the appropriate protections to all parties.” He said that the success of co-operative working would be largely dependent on the IOPC ensuring their investigators received the appropriate training, adding: “Any death following police contact is a tragic incident and it is only right that when these tragedies occur they are properly investigated. “All we ask is for our members to be treated fairly during the process of any subsequent investigation, rather than our previous experience of investigators trying to find fault and someone to blame.” A National Police Chiefs’ Council spokesman said: “The guidelines have gone through careful consultation and we are comfortable they now strike the right balance.” IOPC director general Michael Lockwood said: “When a person dies or is seriously injured after contact with the police, it poses a challenge to public confidence in policing; so it’s vital that investigations into such incidents are transparent and meaningful. “The public need to know that the police officers involved are providing their witness statements independently of their colleagues. One way to achieve that is to separate officers after an incident has taken place – and that’s our preference. “The most important thing is that we’re able to gather the evidence we need quickly, while reassuring the public that the process for doing so is transparent and honest.” View On Police Oracle
  9. The City of London police force has failed in an attempt to block disciplinary action against an officer who was accused of clubbing a student over the head and causing a life-threatening brain injury. https://www.theguardian.com/uk-news/2018/oct/15/alfie-meadows-london-police-force-must-act-over-officer-accused-of-excessive-force-says-court
  10. Force threatened police watchdog with judicial review over directed misconduct hearing. Chief Constable Nick Ephgrave Date - 12th October 2018 By - Ian Weinfass at the Police Federation Detective Forum Conference, Manchester 3 Comments A senior officer threatened the police watchdog with judicial review over an attempt it made to put two officers through gross misconduct proceedings. Surrey Chief Constable Nick Ephgrave revealed this week that he warned the former IPCC that they would face a robust legal challenge if they continued in an attempt to take action against a detective inspector and detective sergeant. After a suspect in a domestic abuse case in east Surrey was bailed, he seriously assaulted his victim. CC Ephgrave said: “It was very serious, nearly a murder. Because of that, it’s a DSI [death or serious injury incident] so we have to inform the IPCC. They come in and do an investigation and they come to me and say you need to put these two blokes on a gross misconduct board because of their decision-making, so I […] went through all their rationale and thought, you know what, I’d have done exactly the same thing. “I wrote back to the IPCC and they said I don’t agree, I’m not doing it. Then the IPCC took a position where they said we’re directing gross misconduct.” The watchdog, now called the Independent Office for Police Conduct, has the power to tell forces to hold misconduct hearings. This has proved controversial at times, including a recent case where a Metropolitan Police detective sergeant faced a hearing over allegations he stole money during a search. There was no evidence in the case apart from the word of the alleged victim, who a panel chairman called “contradictory, evasive and inconsistent”. The Met and IOPC have also had a war of words over the watchdog’s direction to hold a misconduct hearing against "W80", the officer who shot Jermaine Baker during an operation near Wood Green Crown Court. CC Ephgrave said: “I had a little chat to my deputy and we decided we’d write back and say well we’re not going to accept the direction and if you’re going to really push it, we’ll take it to judicial review.” The chief constable, who was speaking at the Police Federation National Detective Forum Seminar in Manchester, said the watchdog then backed down. He said: “Our business - your business - is about making difficult decisions, sometimes life or death decisions, with an imperfect set of information in a changing environment so sooner or later something is going to go wrong isn’t it? It doesn’t mean to say you’ve done anything wrong. “I want to push this message with my people that as long as you record your rationale and as long as it’s not bonkers, and it never is in my view, if the worst were to happen, sometimes that’s policing, sometimes that happens. “We work really hard and do our best, sometimes that’s the business we’re in.” He said that getting the watchdog to see that’s how policing works is sometimes difficult, but he hopes that now the organisation has changed to become the Independent Office for Police Conduct, things may be different. Surrey Police Federation secretary Paul Campbell told Police Oracle after the speech: “If you make the wrong decision, but for the right reason, he will stand by you - as long as you’re honest. View On Police Oracle
  11. Michael Lockwood wants to move away from a 'treadmill' approach. Michael Lockwood IOPC director general Date - 13th September 2018 By - JJ Hutber- Police Oracle 6 Comments The leader of the police watchdog has admitted performance and misconduct issues are conflated “all too often”. Michael Lockwood, Independent Office for Police Conduct (IOPC) Director General said the organisation is re-considering both its case to answer test and its definition of misconduct at the Police Superintendents’ Association (PSA) conference this week. Speaking during a workshop on the IOPC’s plans for the future he said: “We have, as you know, a case to answer test and the level of test is could the panel find it [the allegation] proven. “The problem is the threshold is very low. We end up dealing with things and investigators do not end up with a result. “The threshold is not helpful. “We’re looking for some new words that improve that threshold. “It’s not in anybody’s interest - hopes [of the alleged victim] are increased and then it doesn’t happen. “My other issue is the definition of misconduct is not tight enough. “I’m keen that misconduct is dealt with by misconduct. “If it’s a performance issue it should be dealt with by performance. They’re coming together too much so I’m looking at a clearer definition,” he said. “They’re smashed together in a big lump. We are pushing so hopefully the rules will change early next year.” Mr Lockwood says he wants to move the IOPC away from a “treadmill” numbers approach to investigations and towards a common sense outlook, taking the context of policing into consideration. The director general, who was formerly chief executive of Harrow Council, said he had suffered “demoralising” inspectors who treated investigations as a “tick box” exercise, always criticising with the benefit of hindsight. “I’ve got to look at the wider system - the link between local authorities, health and yourselves. “We can improve training, we can improve awareness but there’s a fundamental system issue and with austerity you’re left carrying the can. The last resort on the ground. “You’re left holding the baby. We’ve got to make that clear. “I’m hoping [for] a more grown up approach. It’s very easy to put something in a box and tick it.” Instead, Mr Lockwood wants to focus on learning. He says he is aiming to build a trusting relationship with police and encourage forces to highlight “near misses” so he can develop avian industry-style prevention work. “I do not find it satisfying every year dealing with the same problem, so I want to work with you stopping that problem. “We’ve got a lot of work to do internally identifying that learning from investigations,” he admitted. “Every year statistics say deaths in custody, deaths following police contact, a significant portion are with mental health. “I’m really keen to work together on this issue - is it about risk handling, is it about training, is it the system, is it about verbal de-escalation rather than restraint? “[On] many occasions have your colleagues been left holding the can when the service doesn’t turn up, something goes wrong and then they’re investigated “I’m really interested in pushing the boundaries in looking at the system. Officers in custody suites were telling me these people shouldn’t be here but they have to be because there’s no bed for them.” Mr Lockwood said his main worry is a timelag on legacy cases and has himself looked at cases and thought “how the hell have we got here?”. But he added while the Police Federation has complained the watchdog is slow and bureaucratic, the whole system contributes to the problem. Sometimes the federation takes three months to arrange a “no comment” interview and the Crown Prosecution Service and coroners take up to nine months to organise hearings, he said. “I’m just saying the system is a more complex one.” Mr Lockwood also said he is open to suggestions to help improve the welfare of officers under investigation. “It’s clear welfare is a big issue”, he said. View On Police Oracle
  12. Support for police pursuits amendment gathering pace. The police watchdog has released a statement backing planned changes to legislation which would offer roads policing officers better legal protection. In May the Police Federation for England and Wales “cautiously” welcomed a Home Office consultation on draft amendments to road traffic law. Under current law, the same legal test for careless and dangerous driving offences is applied to police officers and the general public. The government is consulting on legislation which would require police officers to drive to the standard of a careful and competent police driver of a similar level of training, skill and driving tactics, including any exemptions from road traffic legislation, are authorised appropriately and are both necessary and proportionate. It will also be made “clear in law” a suspect is responsible for their own decision to drive dangerously and blame should not be attached to the pursuing officer. The Independent Office for Police Conduct (IOPC) response to the consultation, released on Thursday, stated: “It is inappropriate for police drivers who are involved in authorised pursuits or emergency response driving, and who are trained and have the necessary experience to do so, to be held to the driving standard of a ‘careful and competent’ motorist “We believe that the expert training and experience of police drivers undertaking pursuits or responding to emergencies should be taken into account.” The IOPC wants the legislation to specifically refer to police drivers “trained to the relevant standard” to allow the Crown Prosecution Service to take account of an officer’s skills and reinforce the important of high quality training. IOPC deputy director general Ian Todd said: “Police drivers need to pursue suspects and respond quickly to emergency calls as part of their duty – and that’s what the public want them to do. So it’s right that their training and skills are properly recognised in law. “Deaths and injuries involving police drivers are thankfully rare. However, pursuing suspects and responding to emergencies carries risks not only for the police and the driver of any pursued vehicle, but for passengers, bystanders and other road users. “Our experience investigating fatal road incidents has given us considerable insight into the traumatic impact these have on injured parties, their families and the police officers involved. “While we broadly welcome the proposals, any change to legislation must not have unintended consequences for public safety, nor must it undermine the ability to hold the police to account for their decision-making and risk-assessment during pursuits or when driving at speed.” The IOPC also supports a proposed review, and any necessary amendment, of the emergency services’ exemptions from certain aspects of road safety law (speed limits and road signs for example) to provide greater clarity and consistency. There should be a “logical approach” that takes note of current road design, the IOPC statement said. It wants the reforms to apply to both police pursuits and emergency response driving. From 97 independent investigations completed between 1 April 2012 and 30 September 2017 two officers were prosecuted for pursuit-related incidents and none convicted. Over the same period five officers were prosecuted following investigations into emergency response driving, resulting in four convictions. But the IOPC only investigates the most serious cases, giving an incomplete picture, and the watchdog wants research to be compiled into how many officers overall have been prosecuted following investigations. Last week IOPC regional director Miranda Biddle praised the efforts of West Yorkshire officers to save David Ellam from an out of control dog. The dog had been returned to Mr Ellam’s neighbour eight days before it mauled the 52-year-old to death but an IOPC investigation commended the officers who came to his aid for their quick-thinking and bravery. View On Police Oracle
  13. Misconduct reforms to 'shift the culture from blame to learning' Package of dozens of changes to include giving IOPC power to present a case to a panel. Chief Constable Craig Guildford at a Police Federation event Date - 20th August 2018 By - Ian Weinfass - Police Oracle 8 Comments Major reforms, which aim to change the culture of the misconduct system from blame to learning, are on course to be in place next summer. Work has continued on the process first revealed by Police Oracle earlier this year and more detail has been developed. In an interview with this website, NPCC lead for complaints and misconduct Chief Constable Craig Guildford said: “The main thing is to try and shift the culture from blame to learning. “It’s about trying to encourage best practice from other professions such as the airline industry where the emphasis is on learning for the purposes of safety. As a profession this is the direction we need to travel in.” Among the measures being worked on are: Raising the threshold for what constitutes misconduct and gross misconduct. Issuing terms of reference to an officer subject to a notice. Requiring investigative bodies to produce reports explaining why a misconduct investigation is taking longer than 12 months to complete. Introducing more clarity around the IOPC’s case to answer test for directing misconduct hearings. Asked about the IOPC’s directed hearings, CC Guildford said in future he expects all watchdog investigations will have to be shown to be reasonable and proportionate. Recent cases involving the watchdog include a seven-year-old misconduct hearing thrown out because it was so old it would have been an abuse of process to continue, and a sergeant facing a gross misconduct hearing after being accused by an arrested man of stealing money – even though the alleged victim was evasive and uncooperative. “The case to answer test is on occasions a little bit misunderstood […] much of it comes from stated cases through litigation however [...] the IOPC will be refining their guidance and clarifying the elements of the case to answer test and this will hopefully address the obvious issues,” CC Guildford said. “The test will include an element of public interest and also whether it is necessary for misconduct procedures to follow. “The IOPC will also have the power to present a case themselves, and I think that will encourage a decision maker to reflect carefully on their final decision to do so.” At the moment the watchdog directs forces to hold hearings and present cases against officers, even when those constabularies have already determined there is no case to answer. The Nottinghamshire chief added that the IOPC under its new director general Michael Lockwood is already moving towards a more learning-based approach. But he said many cases being heard at the moment are based on old case to answer decisions. The major moves being discussed between chiefs, the Home Office, staff associations and IOPC require changes to police regulations, but not all do. A recent case covered on Police Oracle involved a Metropolitan Police officer who used his discretion to destroy a small amount of cannabis before moving on to a weapons search, without completing checks and paper work face a gross misconduct hearing. The case was brought by the force rather than the IOPC. Asked by our reporter whether professional standards departments could introduce a culture of learning themselves ahead of changes to police regulations, CC Guildford claimed that they already are doing so, but that there are limitations. “You’ve just given an example of where some would say PSDs have got it wrong. I think over the last three or four years since I’ve had this portfolio there has been a shift towards more learning but […] the existing legislation and statutory guidance which is the letter of the law, doesn’t always encourage that to be the outcome. “One of the key aspects going forward is effectively raising the bar for what is misconduct and what is gross misconduct. “We want to see cases moving forward [to hearings] where the expected outcome is to be the minimum of a written warning. "I see lots of cases now being resolved from that learning perspective and I know specifically colleagues in the Met have already started to adopt this approach.” He added: “The service is very good at identifying its own bad apples. But at the same time where a case involves death or serious injury I think it’s only right that the public can expect a full and transparent investigation.” It is expected that the draft regulations will be complete by the end of the year. They will then need to be approved by parliament before coming into effect. View On Police Oracle
  14. Allegations of "serious corruption and malpractice" within the Met Police are being investigated by the Independent Office for Police Conduct (IOPC). Gross misconduct notices have been served on three officers, while "a number" of other officers are being assessed, according to the IOPC. IOPC director Jonathan Green said claims of racial discrimination within the Met were also being investigated. The Met said it was "fully co-operating" with the investigation. It is claimed there are officers in the Met's Directorate of Professional Standards (DPS) who are said to have interfered with or curtailed investigations, according to Mr Green. He added: "The investigation includes alleged interference in, and curtailment of, investigations by potentially conflicted senior officers, failure to investigate allegations of wrongdoing, systemic removal of the restrictions of officers under investigation and racial discrimination. "As part of this investigation, three officers have been served with gross misconduct notices and one of those officers is also under criminal investigation. "Assessments on the status of a number of other officers remains ongoing." According to The Sunday Times, three whistleblowers from the Met approached the IOPC to allege members of the DPS were shielding officers from a range of allegations. A Met spokesman said: "The Metropolitan Police Service has referred allegations regarding the conduct of a number of MPS personnel to the IOPC which is conducting an independent investigation. "The MPS is fully co-operating with the IOPC investigation." https://www.bbc.co.uk/news/uk-england-london-44915885
  15. But one former officer may have committed gross misconduct, it says. Dorothy Begley says the death of her son has 'destroyed' her family Date - 15th June 2018 By - JJ Hutber- Police Oracle The police watchdog’s re-investigation into the death of a man after he was Tasered by officers has concluded five of the officers involved did not breach professional standards of behaviour. Factory worker Jordon Begley, 23, from Gorton, Manchester, died in July 2013 two hours after being shot by the less lethal weapon. He was also punched and restrained by armed officers, who believed he had a knife. The Independent Police Complaints’ Commission (now the Independent Office for Police Conduct) 2014 investigation cleared all officers involved of wrongdoing but in 2016 the body persuaded two High Court judges to quash the original report on Mr Begley's death, arguing it was legally flawed and there should be "a new and lawful" investigation. Mr Begley’s family spoke out to ITV’s Granada Reports today in anger after learning IOPC has advised Greater Manchester Police not to take misconduct proceedings against five of the officers and a sixth officer has resigned. IOPC Deputy Director General Ian Todd said: “Today I met with Jordon’s mother Dorothy to provide her with an update on our reinvestigation which we recently completed. “We have reviewed all of the evidence from the original case and assessed this evidence against that given during the inquest. The reinvestigation was completed by a team with no previous involvement in the original investigation. “We examined the actions of six Greater Manchester Police officers and my view is that one former officer may have breached the professional standards of behaviour in relation to their use of force. “We have shared our provisional findings with the force and will wait for their response and any other outstanding matters, before we publish our report. “Our thoughts remain with Dorothy and her family.” GMP Federation chairman Stu Berry said the time and money spent on the process is “ridiculous”. He said: “This outcome is welcomed by both the officers and the Police Federation, but the timescale is indicative of how the IOPC clearly needs more than just a name change. “The 2018 World Cup is upon us. To put this investigation into some perspective, it began well before the previous tournament. “Disappointingly there are many more similar cases around the country. “The IOPC has to appreciate the impact these ridiculously long investigations have on police officers, their families and the communities we serve.” Mr Berry added: “The restrictions placed on five of these officers during the majority of the previous five years have prevented them from engaging in front line policing and armed policing throughout. “That is more than £1 million of public money spent on salaries for these officers to essentially sit behind desks in times of austerity and when the threat level to the country has been severe. “That’s not even factoring in the cost of the two lengthy investigations and the Judicial Review. “I am hopeful that the new Director General of the IOPC, Michael Lockwood, is listening to these concerns. “There is nothing more destructive than pressure and time. The stress, anguish and worry cannot be overstated. I wish the very best to officers involved and hope they can start to rebuild their careers in the future.” A spokeswoman for GMP said of the six officer involved, five are no longer under restricted duties and another has since resigned. The IOPC has not yet officially released the results of the investigation as it is waiting for the force to feedback on the report and draw its own conclusions as to whether any officer should face gross misconduct proceedings. An IOPC spokesman said: “The reinvestigation did take a little longer to complete than we would have liked due to unforeseen circumstances. However, this was a thorough reinvestigation using a substantial amount of evidence to reach our findings.” View On Police Oracle
  16. IOPC investigated actions of chief inspector. A British Transport Police professional standards detective has been dismissed after misusing a rail pass to travel in first class when he was not entitled to do so. Detective Chief Inspector Iain Miller was dismissed without notice after a four day misconduct hearing held by BTP following an Independent Office for Police Conduct investigation. Det Chief Insp Miller, who was based in London, was found by the panel to have breached the terms and conditions under which the rail pass was issued, that he sat in a first class seat without purchasing an appropriate ticket and that when confronted about the misuse, failed to properly account for his actions. The tribunal added that his actions were aggravated by his senior position within BTP professional standards department at the time of the offence. The BTP referred the incident to the IOPC owing to the nature of the detective’s role. IOPC Regional Director Jonathan Green said: “DCI Miller was an experienced officer who was responsible for upholding standards of behaviour within BTP. “It is therefore very disappointing that he chose to misuse the rail pass and then failed to demonstrate the appropriate insight and remorse expected of a senior officer when asked to account for his actions. “I am pleased BTP agreed with the conclusions of our investigation and the panel has issued a clear message that such behaviour is not acceptable.” View On Police Oracle
  17. The issue will be top of his agenda at an upcoming meeting, he said. Home Secretary Sajid Javid The Home Secretary agreed “we need a reset” on misconduct investigations at the annual police federation conference this week. Police Federation of England and Wales (PFEW) Vice Chairman Che Donald extended an invitation to Sajid Javid on behalf of W80, a Met firearms officer who will face a misconduct hearing despite the CPS declining twice to bring charges, to meet the officer and their family. The Independent Office for Police Conduct (IOPC) announced it was directing the Met to hold misconduct proceedings last week on the day armed policing lead Deputy Chief Constable Simon Chesterman revealed firearms recruitment targets have been missed, provoking a furious backlash from the federation and armed policing community. W80 (a code name), fatally shot Jermaine Baker near Wood Green Crown Court on December 11, 2015. The Met says its officers were foiling an attempt to break-out criminals from a prison van and reject the IOPC’s finding that W80 may have committed gross misconduct. Mr Donald said: “The criminals involved were sentenced to a total of 30 years in prison. The officer involved in that shooting referred to as W80 has had the impact of a prolonged investigation take its toll on them and their family. “To fully understand the impact such investigations have on our firearms officers I’m extending an invitation to you on behalf of W80 to meet with them meet with their family. “Will you accept the invitation to meet with W80 and their family not to discuss the investigation but to hear first hand the impact it’s had on the health and wellbeing of all of them?” Mr Javid said his instinct was to agree to the meeting but wanted to clarify whether it would create a legal conflict. “There’s many aspects of a police officer’s job where they’re just doing their job, they are doing what you expect them to do. To apprehend those who want to do wrong. “And all too often it seems it’s the police officer who gets in trouble rather than the criminal. “So you’ll know exactly where my instincts are on this. “I think that over successive governments over a number of years the pendulum has swung in the wrong way on this and we do need a reset.” He also agreed to look into a review commissioned by then Prime Minister David Cameron in 2015 to consider the legal protections for firearms officers in the event of a shooting, which has been apparently kicked into the long grass. The Home Office told Police Oracle in March the review is ongoing but could not give a publication date. DCC Chesterman said last week he did not feel the review was needed as he thinks the law is already “crystal clear”. PC Griffiths from Nottinghamshire Police spoke about how he became the subject of a six year IOPC investigation in 2011 - six months after joining the service - and asked Mr Javid to pledge to “protect us by putting a time limit on these investigations”. Mr Javid responded: “One of the meetings I will be having very soon is with the IOPC and Mr Lockwood [IOPC director general]. Anyone can see in a situation like that having to wait six years is a huge problem and I would like to find out what can be done to bring timing of investigations down. “That will be at the top my agenda when I meet with the IOPC.” View On Police Oracle
  18. Officer W80 has been cleared by CPS and force but still faces losing his job. Phill Matthews Directing gross misconduct hearings when officers have been cleared by their forces are a waste of time and give families false hope. Those were the views of Police Federation misconduct lead Phill Matthews at the staff association’s annual conference today. A panel was asked about the direction to hold a gross misconduct hearing for the firearms officer who shot Jermaine Baker in 2015. Last week the Crown Prosecution Service said there is no criminal case against the officer – known as W80 – and the Met said he should not face misconduct proceedings, but the IOPC directed them to take place. Independent Office for Police Conduct director general Michael Lockwood had earlier acknowledged issues of trust exist towards his organisation from the police service, but also the public. He said: “We’ve said there could be a case to answer, it’s a panel that makes a finding. We’re not judge and jury on this, the fact is the panel judges. Going through that process is about giving confidence in system.” He added there are different types of tests for prosecutions and gross misconduct investigations but the former council chief executive added the threshold for whether there “could be a case to answer” is up for review. “We have a case to answer test that’s been met. I’m happy we have a discussion about what we mean by ‘could’,” he said. The IOPC points out since 2010 there have been 29 firearms officers treated as witnesses and just three as suspects. But Mr Matthews said: “We think [the case to answer is] broken and it does need completely resetting. It lets families down as it gives them false hope that something might happen. “It completely demolishes morale for a long time afterwards.” He added: “It’s a waste of money, a waste of time and does nothing to increase public confidence." View On Police Oracle
  19. 'I do not underestimate the stress that these delays undoubtedly caused', says watchdog deputy. The police watchdog has admitted parts of its investigation into two officers cleared after a six-year process was unacceptable. But the Police Federation says it is disappointed it has taken almost another year to resolve its complaints about the process. Detainee Lynette Wallace complained about her treatment by Nottinghamshire Police in a custody suite in July 2011. In May 2017, a misconduct hearing which the watchdog ordered into a male and female PC was scrapped. The officers’ own complaints to the new Independent Office for Police Conduct (IOPC) have now been resolved. Phill Matthews, from the Police Federation of England and Wales, said: “We are disappointed that it has taken nearly a full year to resolve the complaints, bearing in mind that such lengthy delays were part of the original problem, but pleased that the IOPC have now upheld our complaint against it and apologised to both the officers, admitting that its performance was not acceptable. “The news that the IOPC has also made multiple recommendations for changes is also welcome. We are heartened that some learning appears to have come out of this protracted and sorry case and hope that this will make future cases quicker, fairer and more proportionate for our members.” He said the officers’ motivation has been about ensuring that the type of flawed investigation they had to endure would never happen again. IOPC deputy director general Ian Todd said the watchdog’s predecessor responded to the complaints at the end of last year. He added: “In February I met with the two officers in Nottinghamshire to apologise in person for an at times unacceptable standard of investigation, for our contribution to delays in this case, and not keeping them regularly updated during its course. “While not all of the process was within our direct control, I accept that our need to reinvestigate was the cause of a considerable part of the delay. “I do not underestimate the stress that these delays undoubtedly caused the officers. I am committed to ensuring that we have learned from this investigation so that similar situations do not arise in the future.” An independent review found no evidence of misconduct committed by an IPCC employee but some received management action. Mr Todd said: “Significant changes have already been made to our investigative procedures in the six years since the original investigation began. Further operational improvements are in train to ensure the appropriate resourcing, quality, and review of our investigations. “We are carrying out more timely investigations with 68 per cent of the 705 started in the year ending March 2018 completed within 12 months, and nearly a third in under six months, up by 14 per cent in one year.” View On Police Oracle
  20. Police had been responding to an entirely unrelated report. A car crash has been referred to the police watchdog despite the fact officers’ presence in the area was a coincidence. On Sunday two teenage boys were arrested in connection with a car crash in which five pedestrians were seriously injured the day before. The collision happened at 4.10pm on Saturday afternoon in Furtherwick Road, Canvey, Essex when a blue BMW 120D was in a collision with five men. The BMW driver and passenger abandoned the car, which turned out to be stolen, and fled the scene. Five men in their early 20s were treated at the scene for serious injuries before being taken to hospitals across Essex and London. Three remain in hospital while they receive treatment and two have been released. But none of the injuries are described as life threatening. A statement from Essex Police said initial reports there had been a police pursuit were incorrect. “Officers were in the area responding to an unrelated incident at the time and not to the presence of the BMW,” a spokesman said. But the matter has been referred to the Independent Office for Police Complaints “under the criteria of there being an indirect link between police being in the area and the incident.” The spokesman refused to comment further. Max Maxwell, 18, of Small Gains Avenue, Canvey has been charged with four counts of causing serious injury by dangerous driving, one count of aggravated vehicle taking and one count of driving without insurance. He is due to appear at Basildon Magistrates' Court today (Monday). A 17-year-old boy from Canvey was arrested on suspicion of dangerous driving, failing to stop after an accident, driving while unfit through drink or drugs, aggravated vehicle taking and causing serious injury by dangerous driving. He has been released on bail until May 5, pending further enquiries. View On Police Oracle
  21. PCCs or chief constables will be able to consult Independent Office for Police Conduct. Chief superintendents looking for promotion could have their disciplinary records checked The IOPC is to gain a role in vetting candidates for chief officer posts. The watchdog, formerly known as the IPCC, is one of the bodies, alongside professional standards departments and chief constables which can be consulted for details of an applicant’s disciplinary record. Its new involvement has been revealed in a College of Policing guidance document on appointments. Although candidates are expected to declare any issues when they apply for a position, the recruiter may also now contact the watchdog. The new IOPC facility will be available later this year after the organisation has ironed out all logistical, policy and legal issues with the process. It will remain the responsibility of the PCC or chief constable, depending on the role, to decide if any disciplinary issued make the person unsuitable for a job. The document states that the decision-maker should take into account the disciplinary issue’s impact on the “force, region and community”. A spokesman for the IOPC said: “We agree we have a part to play alongside police forces in sharing information that could be considered pertinent in the appointment of potential chief officers. “We need to be able to take fair and consistent decisions about what we provide in response to such requests and are putting in place a process to achieve this.” In April 2016 Dawn Copley lasted 24-hours as acting chief constable of South Yorkshire Police after it emerged she faced an investigation into her conduct. PCC Alan Billings said she had told him she was under investigation but she nevertheless stepped aside following adverse publicity. Other measures in the document include guidance on recruiting chiefs from overseas forces and from fire and rescue services under joint governance arrangements. Louise Meade, from the College of Policing, said: "We recognise that chief officer roles are incredibly demanding so we have developed new guidance to ensure the best and most talented individuals apply, and the most suitable candidates are appointed." View On Police Oracle
  22. Police vehicle collided with driver after he attempted to flee on foot. A police officer has been charged with dangerous driving following a pursuit related incident. PC Lee Rumsey, serving with Cambridgeshire Constabulary, is due to appear at Peterborough Magistrates Court on May 9 following an investigation by the Independent Office for Police Conduct (IOPC). The charge relates to an incident on August 29, 2017 when a police car was engaged in a pursuit of a vehicle in Morley Way, Peterborough. The chase ended in Celta Road where the 21-year-old male attempted to flee on foot and was in collision with the police vehicle, causing him to dislocate his shoulder. The man was arrested on suspicion of theft of a motor vehicle, failing to stop for police and possession of class B or C drugs. Cambridgeshire Constabulary referred the incident to the IOPC and an investigation was launched that concluded in December 2017. A file was passed to the Crown Prosecution Service (CPS) who authorised the charge. View On Police Oracle
  23. 'There were simply no officers available', watchdog finds. The Independent Office for Police Conduct (IOPC) says a lack of resources at Greater Manchester Police helped delay the search for an 18-year-old who was later found murdered. The watchdog investigated the force over the case of Ellen Higginbottom who was reported missing in June last year, and found dead a few hours later. Mark Buckley, 51, was jailed for life for her murder last September. She had died before being reported missing, but delays in dispatching officers to look for her were investigated by the watchdog. The call reporting her missing at 7pm was graded correctly but the IOPC found that dispatching officers to the incident was delayed 13 times due to a lack of available patrols. All others were all dealing with priority incidents. The report was escalated once, and there was an attempt to find officers from another division but none were available. Shortly after 11.30pm, following a call to GMP from Ellen’s father requesting an update, officers became available and were dispatched to Ellen’s home to begin searching for her. The watchdog says radio operators should have escalated the search further and said their performance was unsatisfactory, but found no misconduct could be proved. IOPC Regional Director for the North West, Amanda Rowe, said: “It is difficult to draw definitive conclusions to this case. There were significant delays in dispatching officers, and clear evidence that there were simply no officers available. “While we believe there were errors in following force policy, delays may still have been inevitable given the number of high priority incidents that day.” She added that escalation is still necessary so the public are reassured every effort is being made to find a missing person. GMP Federation chairman Ian Hanson told Police Oracle: “Against the backdrop of such a tragedy the reality is that police officers and call handlers are every day trying to meet overwhelming demand with minimal resources. “The government deceives the public by telling them frontline policing has been protected but that quite simply is not true and the reality is people are having to make judgement calls which can turn into life or death decisions. It’s a national scandal.” View On Police Oracle
  24. Unnamed 26-year-old swallowed something after being detained, police say https://www.theguardian.com/uk-news/2018/apr/02/police-watchdog-investigates-after-mans-death-in-custody
  25. Off-duty inspector had restrained an aggressive drunk. An "exemplary" officer accused of injuring a drunk man he was trying to arrest while off-duty has been cleared of wrongdoing almost three years after the incident in a case described as "astonishing" by a misconduct panel. Derbyshire Constabulary’s Inspector Matthew Mozley was walking his dog when he came across Anthony Cook lying in a hedge behind a medical centre. The pair exchanged words before Insp Mozley, who was then a sergeant in the force's firearms unit, detained the “very aggressive” Mr Cook face-down on the ground, with the help of a retired officer who lived nearby. After on-duty officers arrived and took Mr Cook away, he was found to have a broken collarbone, torn thumb ligament, and bruising to his face. Insp Mozley was investigated by his force’s professional standards department and the Crown Prosecution Service with both deciding he had done nothing wrong. Despite that, the Independent Office of Police Conduct (IOPC) chose to pursue Insp Mozley after Mr Cook appealed - and he was forced to face a gross misconduct hearing where he was accused of using “excessive, unnecessary and unreasonable force”. However, the case was thrown out this week at Derbyshire Police Headquarters in Ripley – with panel chair Jane Jones saying there was "no evidence beyond an assumption" that the officer had caused the injuries. She told Insp Mozley he was “completely vindicated”, adding: “He is clearly a first class officer who embodies the very best of Derbyshire Constabulary, both on and off duty. He acted as the public might hope. “That he finds himself in a public conduct hearing almost three years later is astounding." Insp Mozley's Police Federation representative said the case was a "witch hunt" and could have cost the officer his job for "doing his civic duty". He was accused of holding Mr Cook face down for half-an-hour during the May 2015 incident in the town of Heanor, grabbing his hand, holding his arms, and kneeling on his back and shoulder. Liz Briggs, representing the force, which had been ordered by the IOPC to conduct the hearing, said: “All witnesses say Mr Cook was calm, compliant and not struggling, but despite that he was restrained in the prone position for 30 minutes. The only evidence of aggression was at the start of the incident. “There are other options that could have been available given the compliant behaviour of Mr Cook. The only time it appears the officer spoke to him is just before the officers attended, when he asked him his name.” Insp Mozley was helped during the incident by retired police officer Gordon Worsencroft, who restrained Mr Cook while the officer spoke to a 999 operator, and went to retrieve his dog. Mrs Briggs added: “There is no rational explanation as to how these injuries came about. “The appropriate authority would say either the officer caused them, or Mr Worsencroft, and if it was Mr Worsencroft the officer would have seen and accounted for him using that force.” However Matthew Butt, representing Insp Mozley, urged the panel to dismiss the case. He said Insp Mozley had personally restrained Mr Cook, who has since died in circumstances unrelated to the incident, for a “maximum” of 20 minutes, and said there was no evidence he caused the injuries. Mr Butt added: “The evidence is Mr Cook fell a number of times to the ground. It is entirely possible he sustained injuries in these falls. The evidence is he was lying in the undergrowth with visible injuries to his body. “We are not dealing with a training scenario. This is an off duty officer who chose to step in and assist members of the public who needed help. “He had no incapacitant spray, no protection of colleagues. He was in a position where he had to do something. He added: “It is inconceivable this case can continue.” In a recording of a 999 call played to the hearing, a witness said Mr Cook was “very aggressive”, adding: “Someone is restraining him because he tried to hit another man.” The caller then handed the phone to Insp Mozley, who told the operator: “He is worrying passers-by, children, parents with prams. He came towards me. “He’s been nicked. He’s perfectly calm. He tried to grab my wrist.” One of the officers who arrived to take Mr Cook away told the hearing he had seen “nothing at all” to concern him regarding Insp Mozley’s restraint of Mr Cook. In a statement after the hearing, Deputy Chief Constable Gary Knighton, of Derbyshire Police, said: “Our own local investigation into this matter found that Inspector Mozley had no case to answer. “The matter was also considered by the Crown Prosecution Service, who concurred that there was insufficient evidence to prosecute Inspector Mozley. “Despite this, the force was directed to hold [the] panel by the IOPC after we disagreed with their recommendation that the force should hold gross misconduct proceedings. “The panel, which was chaired by an independent, legally-qualified member, found that there was no evidence that the injuries sustained by Mr Cook were caused during the restraint by Inspector Mozley; this has always been the view of the force based upon the investigation that we initially conducted.” Tony Wetton, chairman of the Derbyshire Police Federation said: "Matthew is an exemplary officer who acted in an exemplary way. "He has suffered stress, anxiety and misery with this hanging over him. "There was an investigation by the force at the time, and it was found there was no case to answer. Professional Standards looked at it twice, and the CPS looked at it three times. Every time, it was found there was no case to answer. "It feels like the force has been put in a professionally embarrassing position by the IOPC. They ignored the advice. "Matthew could have lost his job for doing his civic duty while off-duty. It is outrageous.” Full Story - Police Oracle

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