WIREDGOV

The Office of the Chief Constable of Devon and Cornwall Police has been charged with an offence contrary to the Health and Safety at Work Act following an investigation into the circumstances surrounding the death of Thomas Orchard.

A file of evidence was sent to the Crown Prosecution Service (CPS) following the investigation, which was assisted by the Health and Safety Executive, in respect of the force’s corporate decision-making surrounding the use of the Emergency Response Belt (ERB).

After considering the file, the CPS has decided to charge the Office of the Chief Constable with an offence under sections 3 and 33 of the Health and Safety at Work Act 1974.

We previously carried out an investigation into the individual actions of Devon and Cornwall Police officers and staff who were involved in the detention and restraint of Mr Orchard prior to his death. A jury found three Devon and Cornwall police officers/staff not guilty of gross negligence manslaughter at a trial which concluded in March 2017.

In February, IOPC Regional Director Sarah Green directed Devon and Cornwall Police to bring disciplinary hearings for gross misconduct against a sergeant, a current and former detention officer and three police constables.

We have also directed Dorset Police to hold one of the misconduct hearings as the new employer of the former detention officer.

We continue to be in discussion with both forces about the coordination of the six misconducthearings and have recently asked Devon and Cornwall Police to appoint a panel chair at the earliest opportunity so that decisions can be made relating to the proceedings for the police officers.

This includes considering whether the CPS decision on corporate charges has any impact on the appropriate timing of the individual misconduct proceedings.

Proceedings for police staff (the two detention officers) do not fall under the same regulations and will be held in private.