WIREDGOV

A Leicestershire Police officer has been given a final written warning after gross misconduct was found proven following an Independent Office for Police Conduct (IOPC) investigation.

At a three-day gross misconduct hearing held by Leicestershire Police, which ended last week (8 June 2022), Police Constable Toby Beasley faced allegations relating to his use of force, including at least 12 baton strikes, during the arrest of man at De Montfort University in June 2021. The man was taken to hospital with minor injuries sustained in an unrelated incident and to assess bruising caused during the baton strikes.

We received a conduct referral from the force in June 2021 and began an independent investigation. A complaint was subsequently received in July and was linked to the ongoing investigation. We examined whether PC Beasley’s early deployment of his baton and his use of force prior to and during the arrest were proportionate, reasonable and necessary. We also looked at whether his actions and decisions were in accordance with national and force policies and training.

At the end of our investigation in December 2021, after assessing body worn video and witness interviews, we determined that PC Beasley had a case to answer for gross misconduct in relation to the baton strikes used.

The police disciplinary panel, led by an independent, legally qualified Chair has now decided he breached police professional standards and that he should be given a final written warning.

IOPC Regional Director, Derrick Campbell recently said:

“Officers are trained to deescalate potentially volatile situations and have a variety of techniques which they can deploy.

“Police guidance sets out that non-violent methods should be used before resorting to any use of force. Only when these methods have proved ineffective or unlikely to achieve the lawful objective in resolving the situation should force be used.

“In this incident, the detainee appears to offer some low-level resistance but, at no time could he be seen to be a violent risk to the officers present. It was PC Beasley’s belief that the man posed an imminent threat to both himself and his colleagues and he considered his only response was to administer at least 12 baton strikes in quick succession – across the man’s back, shoulder, arms and legs. We assessed that he did not adequately review or aim each strike appropriately before issuing another – with one of his strikes hitting a colleague.

“We considered relevant policies and took into account the officer’s relative inexperience and restrictions on personal safety training in light of the Covid-19 pandemic.  We concluded the force used exceeded what was required in the circumstances. The disciplinary panel has decided PC Beasley’s actions breached the standards of professional behaviour in respect of use of force, duties and responsibilities and discreditable conduct.”