Criminal investigation after 80-year-old man fell ill in custody of Cheshire Constabulary

The Independent Office for Police Conduct (IOPC) is investigating after a man became seriously unwell while in the custody of Cheshire Constabulary.

The man, 80, was taken into custody after being arrested for suspected drink driving shortly after 11.30pm on 7 December. On arrival, in the early hours of 8 December, he did not speak.

Staff carried out regular welfare checks and at around 6am, reported he appeared to be having a seizure. The man was taken to hospital where it was determined he had had a stroke. At this stage it is unclear whether this occurred before or after the man was arrested.

During our investigation, we identified concerns about the use of force during one of the cell checks at around 4.30am. A police officer has now been informed they are under investigation for the criminal offence of assault, as well as potential gross misconduct.

IOPC Director Amanda Rowe said: “In light of the seriousness of the man’s condition, it is important for the circumstances of his arrest and detention to be independently investigated.

“While it is not clear whether the police use of force may have contributed to the man’s condition deteriorating, evidence gathered so far indicates a criminal offence may have been committed.

“The serving of notices does not mean that criminal or disciplinary proceedings will necessarily follow. On conclusion of our investigation, we will decide whether to refer the case to Crown Prosecution Service, or whether misconduct proceedings are appropriate.”

Our investigation is looking at the decision-making and actions of police involved in the man’s arrest and subsequent detention. This will include the level of care and support provided while in custody.