15 August 2008

IPCC concludes managed investigation into Lancashire excessive force allegation

The Independent Police Complaints Commission has concluded its managed investigation into an allegation that excessive force was used by Lancashire Constabulary officers resulting in a man’s arm being broken.

The 24-year-old Preston man complained that his arm had been broken while he was being restrained in the custody suite at Preston Police Station. He had been arrested at 5am on 29 July 2007 for public order offences.

The managed investigation did not substantiate the allegation of excessive force, but found that the officer involved had incorrectly applied a restraint technique. As a result the officer has received management advice and refresher training.

The investigation found that a struggle developed in the custody suite as the man attempted to resist the efforts of officers to take him from a holding cell to the custody desk. The man grabbed an officer’s tie and it was during this stage of the struggle that his arm was broken.

Experts in restraint techniques confirmed that the force used by the officer was justified and proportionate due to the man’s resistance. However, one of the experts believed the restraint was incorrectly applied and this could have contributed to the injury.

The man also complained that excessive force was used during his initial arrest in Church Street, Preston, that handcuffs were applied too tightly and that he was not cautioned. All these complaints have been investigated and found to be unsubstantiated.

Ms Naseem Malik, IPCC Commissioner for the North West, said: “It is clear from all the available evidence that the man was being aggressive and actively resisting efforts to take him to the custody desk. In the circumstances the force used was justified and proportionate. In the struggle a recognised restraint technique was applied incorrectly and this may have contributed to the man’s injury. However this in no way can be called excessive force. There was no intention to break the man’s arm. It was an unfortunate incident and has been dealt with appropriately through refresher training.”

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Notes for editors:

The IPCC has overall responsibility for the police complaints system. Since April 2006 it has taken on responsibility for similar, serious complaints against HM Revenue and Customs and the Serious Organised Crime Agency in England and Wales. The IPCC’s jurisdiction was extended in 2008 to cover UK Border Agency staff exercising police-like powers.

The IPCC has the task of increasing public confidence in the complaint systems and aims to make investigations more open, timely, proportionate and fair.

The 15 Commissioners who run the IPCC guarantee its independence and by law can never have served as police officers. No Commissioner has worked for HM Revenue and Customs. They are supported by more than 100 independent IPCC investigators plus casework managers and other specialists.

Since April 1 2004 the IPCC has used its powers to begin 264 independent and 663 managed investigations into the most serious complaints against the police and other agencies. It has set new standards for police forces to improve the way the public's complaints are handled. The Commission also handles appeals by the public about the way their complaint was dealt with by the local force.

The IPCC is committed to getting closer to the communities it serves. Its Commissioners and staff are based in IPCC regional offices in Cardiff, Coalville, London and Sale plus a sub office in Wakefield.

The IPCC web site is constantly updated at www.ipcc.gov.uk or members of the public can contact the IPCC on 08453 002 002.

Media contact:

Ian Christon, IPCC Regional Communications Officer (North Region) Tel 0161 246 8582 Journalists with an urgent enquiry outside normal office hours should contact the on-call press officer on 07717 851157.