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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. Jury highlights 'slow to react' response and 'inadequate' police training relating to positional asphyxia. Duncan Tomlin: Died two days after being restrained Date - 12th April 2019 By - Nick Hudson - Police Oracle 5 Comments Prosecutors have been asked to “reconsider” their decision over the death of an epileptic man who was restrained face down in a force vehicle five years ago after inquest jurors ruled police neglect contributed to the tragedy. Duncan Tomlin fell unconscious while being detained during a struggle in Haywards Heath in July 2014. The 32-year-old, originally from Oxfordshire, died in hospital two days later. Mr Tomlin was wrestled to the ground, sprayed with an incapacitant and arrested after punching an officer in the face. He was handcuffed behind his back, placed in leg and thigh restraints and held face down on the floor before being carried into a police van with his legs curled up behind him. Officers continued to restrain him face down on the floor in the van before they noticed he had collapsed and fallen unconscious. An ambulance was then called. The Crown Prosecution Service twice decided not to prosecute the Sussex officers involved over the death and four were cleared of allegations of gross misconduct at a force disciplinary hearing. A jury of six women and four men returned a narrative conclusion at West Sussex Coroner’s Court, finding the medical cause of his death was “cardio respiratory failure due to both restraint in a prone position and the effects of cocaine and methadone”. They said there was “no urgency” by officers to move Mr Tomlin, adding: “Duncan should have been moved on to his side earlier.” The jury found police training relating to positional asphyxia was “inadequate” and concluded: “The death was contributed to by neglect.” Following the hearing’s conclusion, Selen Cavcav, from charity Inquest, which works with families after a death in custody, said: “We would ask the CPS to reconsider the decision not to prosecute any of the officers involved. “Duncan’s family listened to almost four weeks of evidence and the police lawyers have tried to concentrate on Duncan’s drug taking in order to support their narrative that Duncan was responsible for his own death. “So this conclusion was very important for the family and we welcome it.” Relatives and friends of Mr Tomlin – who have waited nearly five years for answers over his death – hugged after the ruling was read out. Assistant coroner Elisabeth Bussey-Jones, who presided over the four-week inquest in Crawley, said she would be issuing a prevention of further deaths report. Addressing his family, she said: “Our thoughts are with you as you continue to grieve his loss and I hope this inquest, which has gone on for some time, has brought you some peace.” ?The inquest heard Mr Tomlin had been drinking and had taken drugs before the late-night disturbance and officers restrained him after he ran off. Sergeant Christopher Glasspool, one of five officers called to give evidence, told jurors Mr Tomlin had been “screaming and shouting incoherently” but then fell motionless as he lay face down on the floor with his hands cuffed behind his back. The police officer of 17 years held back tears as he said: “When I didn’t get a response I knew there was a serious problem.” In footage of the arrest played in court, the officers could be seen trying to rouse Mr Tomlin while Sgt Glasspool shouted “Dominic” - believing that was his name - in a bid to get his attention. Sgt Glasspool said: “I was getting very distressed. This lad was dying in front of me. The ambulance was too far away. “I don’t like to think about it. It was so traumatic and everything we did wasn’t working. “I still remember the day very well, if I’m honest I will never forget it.” The court heard that four minutes passed between the time Mr Tomlin appeared to fall unconscious and when he was moved out of the van. Mr Tomlin was in the van for just under seven and a half minutes before Sgt Glasspool and another officer administered CPR. An ambulance was called but stood down when it was decided it would be quicker to take him straight to hospital, before being called back again shortly afterwards and a doctor rushed to the scene. Positional asphyxia, where someone suffocates because of the position they are in, drugs and alcohol played a part in the death, pathologists said. In August Sgt Glasspool and PCs Jamie Jackson Daniel Jewell were cleared of gross misconduct allegations at a disciplinary hearing. PC Russell Watson was also cleared of all allegations at a private hearing that month while PC Alexander Bennett resigned from the force in 2017. Sgt Glasspool told the jury he was “closely and carefully monitoring” Mr Tomlin at all times, denying kneeling on his back, saying he was only using his shins to apply pressure to his shoulder blades. But he admitted some of his actions went against his training, adding: “I was panicking but I was still making rational decisions.” He dismissed suggestions that officers took too long to administer CPR after realising Mr Tomlin was not responding. Sgt Glasspool also denied knowing at the time that Mr Tomlin had epilepsy - despite claims that other officers had been informed. During questioning by Jude Bunting, the barrister for Mr Tomlin’s family, Sgt Glasspool also denied exaggerating his evidence to justify his conduct. He insisted he did not smirk or smile while restraining Mr Tomlin, after scrutiny of a facial expression captured during footage of the incident. Training to recognise the signs of positional asphyxia had been “offered centrally for consistency” following Mr Tomlin’s death, the force said. Assistant Chief Constable Nick May added. “All of our officers join the police service to protect the public and save life and it is of deep regret when anyone comes to harm. "We accept the inquest's narrative verdict and will now thoroughly consider the Coroner’s report and any recommendations within it.” View On Police Oracle
  3. 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
  4. Chief inspector also accused of intimate liaison with domestic abuse victim. Sussex Police: Under scrutiny in recent years Date - 12th February 2019 By - Nick Hudson - Police Oracle 2 Comments Officers and new recruits are being given specific training and guidance as a sex scandal-hit force faces renewed scrutiny over allegations of an on-duty intimate liaison between a chief inspector and a sergeant. Sussex Police is urging its workforce to adopt “appropriate professional boundaries” in the wake of a police watchdog confirming misconduct proceedings against Chief Inspector Rob Leet and Sergeant Sarah Porter will go ahead. The pair are said to have met for a romantic encounter on at least one occasion in 2017 while they were working. The chief inspector has also been accused of having sex with a victim of crime years earlier. The Independent Office for Police Conduct has just announced the findings of a two-year investigation. CI Leet was suspended from duty while the investigation continued. The married father-of-four previously said the claims regarding his liaison with Sgt Porter were unfounded. They are accused of travelling to meet each other while on duty when there was no work-related reason to do so and "repeatedly" using police systems to exchange personal messages, a police watchdog spokesman said. After the IOPC launched the investigation in March 2017 – and following publicity of the case – it is understood a victim of domestic violence came forward with the further allegations. This means CI Leet now also stands accused of being intimate with the victim in 2014 and 2016. Sgt Porter was unable to be contacted when a fatal crash happened while she was on duty and approached a witness in the IOPC investigation "inappropriately", it is also alleged. The IOPC said: "We concluded that if proven, the behaviour would be a breach of standards of authority, respect and courtesy and duties and responsibilities and could amount to gross misconduct. "Sussex Police agreed and a hearing will be scheduled in due course." The force has been embroiled in a large number of ignominious sex claims in recent years, including two that resulted in criminal convictions In October former Brighton-based PC Alexander Walsh was handed a community order for stalking and common assault after unleashing a barrage of sexual propositions on a colleague when she was held in a patrol car with him for more than an hour after dark. The former Met Police officer, who then joined the Sussex force, was spotted by fellow officers groping the woman on a work night out before badgering her with suggestive texts and taking pictures of her without her consent. That same month prosecutors dropped a case against Brighton-based Inspector Tony Lumb, who faced allegations he had sex with women he met while on duty. The former elected member of the local Police Federation branch's board was arrested on suspicion of misconduct in public office, interviewed under caution, released on bail and suspended from the force pending an IOPC investigation. The police watchdog said it found evidence to suggest a criminal offence may have been committed. The CPS has been asked to review its charging decision after one of the complainants, 52-year-old online abuse campaigner Nicola Brookes, called the news "shocking". Insp Lumb could still face disciplinary proceedings. In April a second officer was caught selling himself for sex while on sick leave. Detective Constable Richard Holder was sacked without notice for gross misconduct at a disciplinary hearing but had already resigned. This came after Hastings-based PC Daniel Moss was investigated and suspended from duty in December 2016 after he was caught advertising himself online as a male prostitute and offered to perform sex acts for cash. He had been on sick leave since that September for stress. He also failed to attend misconduct proceedings and was dismissed with immediate effect. In March sexual offences liaison officer and PC Martin Harris was jailed for two years for misconduct in public office, downloading and making indecent images of children. He said he found a rape victim in his care "attractive" and had hacked into her Facebook account to download pictures of her as a child. PC Mark Scruby was sacked from the force in 2017 after telling his sergeant she resembled a porn star. In 2015 Insp Lee Lyons was fired after admitting he contacted prostitutes while on duty. Officers and new recruits are now being given "specific training and guidance" so they are aware of "appropriate professional boundaries", the force said. A statement said: "Sussex Police takes any report of inappropriate behaviour extremely seriously. "We have adopted the National Police Chiefs' Council's national strategy to address the issues of police officers and staff who abuse their position for a sexual purpose or to pursue an improper emotional relationship. "The key principles are prevention, intelligence, enforcement and engagement. "We are ensuring that all staff are aware of appropriate professional boundaries and the serious consequences of any abuses of position. "Officers and staff across the organisation, including new recruits, have or are receiving specific training and guidance, enabling them to know the boundaries and stick to them, reporting any colleagues who fall short. "There is a positive duty under the College of Policing's code of ethics to challenge and to report. "Any reports will be fully investigated. "Those who are found to have committed misconduct could face dismissal and prosecution." View On Police Oracle
  5. 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
  6. 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
  7. 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
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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
  13. 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
  14. '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
  15. 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
  16. 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
  17. 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
  18. '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
  19. 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
  20. 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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