The IPCC has partially upheld an appeal from Mr Jody McIntyre in relation to a complaint he made to the Metropolitan Police Service about the treatment that he had received from their officers in Parliament Square during the student protests of 9 December 2010.
The IPCC agreed with the MPS's findings in relation to a number of aspects of Mr McIntyre's complaint. In particular the IPCC agreed that officers' initial actions in removing Mr McIntyre from his wheelchair and away from a dangerous part of the demonstration were appropriate in the circumstances. However, the IPCC has concluded that, when an officer dragged Mr McIntrye along the ground, towards the end of the incident, this did amount to excessive force.
The IPCC believes there was an indication that a criminal offence of common assault may have been committed and the matter should therefore have been referred to the CPS. However, the six month time limit in which such a prosecution could be commenced had already passed by the time this appeal was lodged.
The IPCC has upheld this part of the appeal and believe that that officer's behaviour has fallen below the standards of professional behaviour and should be subject to management action.
The IPCC also found that the MPS were right to conclude that Mr McIntyre was struck by a baton but that it could not find a case to answer against any particular officer for the strike. However, the IPCC considers that Mr McIntyre does have a legitimate grievance in respect of the baton strike and therefore his complaint should have been upheld. We have suggested that an apology would be an appropriate way of dealing with this particular part of the incident.
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