Final written warning for Derbyshire constable over use of force

A Derbyshire Constabulary officer received a final written warning from a disciplinary panel for his use of force on an 18-year-old man who was drunk and objecting to being dropped at the roadside in the early hours.

The Independent Office for Police Conduct (IOPC) carried out a review of the force's handling of a complaint by the man following the incident in Derby city centre on 16 October 2021.

It was alleged that PC Ryan Wilson used unnecessary, excessive force including 'red dotting' the man with a Taser when he was told to get out of the police car and then tried to get back in as he was worried about his own safety there.

The force's investigation originally concluded that PC Wilson and another officer had a case to answer for gross misconduct before later deciding that the officers should instead face action at the lower level of misconduct. In August last year (2023) the man involved asked us to review that Derbyshire Constabulary decision.

We completed our review last December and decided that the outcome of the complaint was not reasonable or proportionate. The force agreed with our recommendation that both officers should face a gross misconduct hearing.

IOPC Head of National Operations Sunny Bhalla said: "The review process is an important part of the police complaints system that provides independent oversight. We carried out a review of the force's handling of the complaint and felt that the outcome wasn't reasonable as we believed the officers should have faced a gross misconduct hearing. It was for a disciplinary panel to decide whether or not the allegations were proven and PC Wilson has now been held accountable for his actions."

A hearing held by the force last month (June) was told that PC Wilson, and another constable, detained the man for causing problems while drunk outside a nightclub and then drove him to Chaddesden where he was told to get out. The man objected to this as it was some way from his home and he felt in personal danger there. When he tried to get back into the car PC Wilson took him to the floor with a leg sweep, used incapacitant spray against him and aimed at him with his Taser.

The man was left there and found wandering in the road by a passing taxi driver.

The independently chaired disciplinary panel found gross misconduct proven against PC Wilson over his use of force and he was given a final written warning, which will stay on his file for two years.

Another allegation was proven against him at the lower level of misconduct over his failure to safeguard the man's welfare, given his vulnerabilities and the circumstances. The case was dismissed against the other officer who was found to have breached the policing standards of professional behaviour for the same allegation regarding the man's welfare, but not so seriously as to justify disciplinary action.

Tags

• Derbyshire Constabulary
• Use of force and armed policing