Conduct and use of force by two officers investigated – Norfolk Constabulary, May 2024

A police officer asked a man in a wheelchair to move out of the road and onto the pavement. The man refused and the interactions between the man and the police officer became heated. The man was abusive about the police, holding an upturned empty bottle and spitting. The officer called for assistance on his radio. 

The officer sprayed PAVA spray at the man. PAVA spray is an irritant. The officer pulled the wheelchair onto the pavement, taking the empty bottle from the man. The man took hold of the officer’s PAVA spray, and the officer punched the man five times in the chest and face. 

Other police officers arrived, and PAVA spray was used by another officer. The man was handcuffed and detained. He was taken to custody and later arrested for assaulting an emergency worker and using threatening behaviour. 

The man’s stepsister complained to the force about the way the man was treated. We decided to investigate the matter, including whether the force used by the officers was necessary, proportionate and reasonable, the officer’s general conduct, the aftercare given to the man following the use of PAVA, and whether the officers treated the man differently because of his disability and mental health. 

Our investigators reviewed body worn video, CCTV, relevant documents and procedures, and obtained statements from witnesses including the man, and an expert on the use of PAVA spray. The officers that sprayed the man with PAVA spray were interviewed. 

We referred the case to the Crown Prosecution Service to consider whether a criminal offence may have been committed by the second officer who used the PAVA spray. They decided not to pursue criminal proceedings.

We concluded there was no indication that a person serving with the police behaved in a manner justifying the bringing of disciplinary proceedings. 

We carefully considered whether there were any learning opportunities arising from the investigation. We make learning recommendations to improve policing and public confidence in the police complaints system and prevent a recurrence of similar incidents. 

We did not identify any organisational learning in this case.