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Two serving West Midlands Police constables have been cleared of misconduct in public office in connection with the arrest of a man during a demonstration in Birmingham. It follows an investigation carried out by the IOPC.

PCs Brent Swarbrick and Richard Bolton had denied the charge and were found not guilty by a jury at Birmingham Crown Court recently (9 July) following a seven-day trial.

The charges had alleged that PC Swarbick made a false witness statement and PC Bolton a false pocket book entry following the arrest of a man for a public order offence during an anti-fascism rally near Birmingham international railway station on 6 February 2016.

The officers stated that the man had sworn several times, leading to his arrest but that appeared to be contradicted by an audio recording of the incident made by an independent legal observer at the demonstration. The case against the man was discontinued when the recording was produced at court. That led to a complaint from him being referred to us by the force in February 2017.

West Midlands Regional Director for the IOPC Derrick Campbell yesterday said:

“These were serious allegations and it was only right that the evidence should be heard and tested in court.

“Our investigation concluded both officers had a case to answer for gross misconduct.  We now await confirmation from the force as to how they will proceed with the disciplinary process.”

Our independent investigation concluded in March 2018.  A file was submitted to the Crown Prosecution Service which reviewed the evidence and authorised the charges against the officers last October.