Independent Police Complaints Commission
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IPCC managing investigation into actions of Wiltshire officer who Tasered a man in custody
The Independent Police Complaints Commission (IPCC) is managing an investigation into the actions of a Wiltshire police officer who Tasered a man while in custody at a police station in December 2012.
Pc Lee Birch was found not guilty of assault occasioning actual bodily harm and misconduct in public office following a trial at Bristol Crown Court which ended yesterday.
Now that criminal matters have concluded, the managed investigation, being carried out by Gloucestershire Constabulary under the direction and control of the IPCC, will consider whether the actions of the officer have breached standards of professional behaviour. Four other Wiltshire police officers are also subject to the investigation.
The Taser was used by Pc Birch in the course of a strip-search on the man while in a cell at Melksham custody suite.
The managed investigation is also looking at how Wiltshire Police professional standards department handled the incident including why the IPCC was not advised when a complaint was made.
The criminal proceedings initially arose from a private prosecution on behalf of Daniel Dove, the man who was Tasered, which was subsequently taken over by the Thames and Chiltern Crown Prosecution Service.
Mr Dove appealed to the IPCC in 2013 against Wiltshire Police not recording his complaint about his interaction with police. During the appeals process Wiltshire Police recorded the matter as a complaint and referred it to the IPCC, and the IPCC then upheld the original appeal.
The IPCC initially decided to supervise an inquiry by Gloucestershire Constabulary, but later last year this was re-determined to a managed investigation.
IPCC Associate Commissioner Guido Liguori said: "The IPCC managed investigation has been on hold pending the outcome of the criminal proceedings against the officer. It will now be progressed by Gloucestershire Constabulary to consider under our direction whether Pc Birch and four other officers have breached the standards of professional behaviour.
"It will also examine how the professional standards department at Wiltshire Police handled matters following the incident. The IPCC has particular concerns around the use of Taser in confined spaces including police cells, and has asked all forces to notify us where a complaint involving Taser is made. The investigation will consider why the use of Taser wasn’t brought to our attention earlier.”
The IPCC has carried out a review of Taser use in England and Wales which is expected to be published shortly.
