Complaints about arrest - Avon and Somerset Constabulary, January 2017

On 14 January 2017, two Avon and Somerset Constabulary officers approached a man in Bristol, as they believed him to be wanted by the police. While trying to establish the man’s identity, an altercation ensued and one of the officers discharged her Taser at the man, causing him to fall to the ground. She then arrested him on suspicion of assaulting a police officer and an offence under Section 5 of the Public Order Act 1986. It later transpired that the man was not the person wanted by the police.

The man was charged with the above offences. The Crown Prosecution Service (CPS) discontinued proceedings against him on 18 January 2017 on the grounds that the evidential threshold for a prosecution was not met.

The man subsequently complained that the officer had Tasered him unnecessarily, and alleged that the officers’ actions were racially motivated.

During the investigation, investigators interviewed the officers, examined their body-worn camera footage and obtained statements from several witnesses. One witness provided mobile phone footage of the incident.

The Investigator concluded that the officers had no case to answer for misconduct in respect of the allegations of discrimination. However, the Investigator concluded that one of the officers had a case to answer for gross misconduct in respect of her use of Taser.

We referred the matter to the CPS, who charged the officer with common assault.

After reviewing our report, the force agreed with our findings but decided to wait until the criminal matters had concluded so as not to risk prejudicing the criminal trial.

The officer was found not guilty of assault at a trial in the spring of 2018.

At a gross misconduct meeting held in summer 2018, the officer was found not guilty of gross misconduct.