Complaints regarding arrest - West Mercia Police, April 2017

On 15 April 2017 West Mercia officers attended a restaurant car park in Redditch, following reports of a domestic incident involving a member of the public and his ex-wife, in the presence of their children.

On arrival officers arrested the man for a breach of the peace and obstruction of a public highway. Officers tried to remove the man from his van by force following unsuccessful attempts to persuade him to leave it voluntarily.

Officers used incapacitant spray, strikes to the face, and baton strikes to the arm in the process of removing the man from his van.

The man subsequently complained that his arrest was unlawful, and that the use of force was excessive, alleging that this amounted to assault, and was motivated by racial discrimination.

During the investigation, investigators interviewed the officers, and obtained statements from several witnesses. Investigators also examined open source mobile phone footage, and audio footage of part of the incident.

Our investigation revealed evidence that officers inappropriately deployed incapacitant spray inside a vehicle where children were present. However, there was insufficient evidence that officers had used excessive force, that this amounted to assault, or that officers’ behaviour was motivated by racial discrimination.

Based on the evidence available, we were of the opinion that two officers had a case to answer for misconduct for using incapacitant spray in an enclosed space in the presence of the children.

After reviewing our report, the force agreed to hold a misconduct meeting for both officers. After all proceedings completed in winter 2018, the final outcome was that both officers received management advice.