IPCC managing investigation into actions of Wiltshire officer who Tasered a man in custody
30 Apr 2014 11:55 AM
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.