NATIONAL VIEW REGIONAL VIEW
LEGAL SERVICES NEGOTIATION INFLUENCING
REPRESENTATION
REGION 1 LEGAL SERVICES (CONT'D)
Merseyside – On-Duty Arrest Incident Introduction
A member faced allegations of Gross Misconduct and criminal charges following an arrest incident while on duty.
Description
The officer, acting as the custody sergeant, authorised the detention of an intoxicated individual who became highly violent upon arrest, necessitating the use of force to restrain him. The incident resulted in the detainee sustaining facial injuries and losing teeth. Following a complaint, Regulation notices and restrictions were placed on the officer.
The Federation made several representations before the criminal interview, highlighting the failure to secure certain evidence that had been documented at the time.
Resolution BACK TO NATIONAL VIEW North West
Specialist lawyers were appointed through PFEW to represent the officer. Despite substantial mitigating evidence and expert testimony supporting the officer’s actions, the Crown Prosecution Service (CPS) charged the officer with Section 47 Assault.
After a three-day trial at Chester Crown Court, the officer was acquitted, with the judge highlighting that the officer was performing his duty. The judge further noted that if concerns raised by the Federation at the outset had been acted upon, the officer may not have been charged, and the detainee could likely have faced charges based on the evidence presented.
Outcome
The officer received 18 months of support and representation, continuing even after the trial, to ensure the Gross Misconduct proceedings were discontinued.
Cheshire – PVA
Introduction In 2020, a PC was involved in a police vehicle accident (PVA) in which, tragically, an elderly pedestrian lost their life. During the initial Post-Incident Procedure (PIP), it became apparent that the Independent Office for Police Conduct (IOPC) was treating the PC as a suspect and decided to retain the investigation.
Description
While pursuing a suspect vehicle, the PC was involved in an incident where a pedestrian unexpectedly stepped in front of him, resulting in an immediate fatality. During the PIP, it became clear that the IOPC was treating the PC as a suspect, and he was subsequently interviewed on suspicion of causing death by dangerous driving.
Specialist lawyers were appointed to represent the PC, and steps were also taken to support his welfare throughout the process. During the investigation, it became apparent that the IOPC was relying heavily on telematics data, which we knew to be inaccurate. Significant work was undertaken in collaboration with the police force to demonstrate these inaccuracies.
Resolution
The IOPC was determined to bring charges and invested considerable time in seeking advice from the Crown Prosecution Service (CPS). However, the case was ultimately marked as No Further Action (NFA), even after going through a victim's right to review. Despite this outcome and the force’s reluctance, the IOPC insisted that Cheshire Police hold a Gross Misconduct hearing.
Outcome
The PC was fully exonerated of any wrongdoing, both criminally and under misconduct regulations. We collaborated with the force to improve understanding of telematics systems and enhance driver training practices.
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MEMBER VALUE REPORT
One Federation – Putting Members First
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