CUMBRIA Police released video footage of a suspect being repeatedly tasered following a protracted legal process instigated by the News & Star.

This began after criminal charges against the injured man – resisting arrest and possessing an offensive weapon – were formally dropped during two separate hearings before judges at Carlisle Crown Court.

The footage was played in May last year when Judge Nicholas Barker approved ending the prosecution process against the injured suspect.

In our application to the court, we argued that releasing the video was in the public interest.

“This would both accord with the common law principle of open justice and also allow appropriate journalistic scrutiny of the police conduct in this case,” our reporter told the judge.

The application also pointed out the judge’s own comments after he had viewed the footage and remarked that what it showed was 'unedifying' and that it 'ought to be looked at'. 

The News & Star also drew attention to national guidelines on the use for force by police officers, published by Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) and endorsed by the College of Policing.

In general terms, this states that police officers must use the 'minimum amount of force necessary to achieve the required result' and they must be able to account for their use of force.  

Among the ten guiding principles are: "Police officers shall, as far as possible, apply non-violent methods before resorting to any use of force; when force is used it should be exercised with restraint… and should be the minimum honestly and reasonably judged necessary.

"Police officers should consider the implications of using force against children or vulnerable people; and individual officers are accountable and responsible for their use of force and must be able to justify their actions in law."

Releasing the bodycam footage would allow the public of Cumbria to judge whether this guidance was on this occasion being adhered to by the officers involved. 

The application added: “As a result of what happened, [the suspect] spent a month in hospital and underwent brain surgery, with part of his skull removed so the blood-clots he had developed... could be removed.

“[The man] suffered permanent brain damage because of this incident...

“This case raises important questions about current policing policy and practice in Cumbria – particularly around the issue of officer understanding about what constitutes 'reasonable and proportionate' force when apprehending a suspect.”

As he gave his ruling in October last year, Judge Barker said: "It is manifestly clear that the ability of the press to make full and proper reporting of a case is a matter of significant public interest.

"It is equally clear that there is a proper and legitimate interest in the degree of force deployed by police at the time of an arrest.

"Although the presenting of this material in court was not pertinent to the course of the case nor the decisions made in the case, it was nevertheless shown to the court in open court, this is an important distinction.

"On balance I am satisfied that this footage which was played by the prosecution as part of the presentation of their case can and should be disclosed."

Cumbria Police delayed complying with the ruling until the Independent Office for Police Conduct (IOPC) confirmed that it would not be reinvestigating the incident in which the suspect was injured.

An IOPC spokesman told the News & Star: “We considered whether the use of force was appropriate in the circumstances.

“During the investigation, which concluded in March 2022, we interviewed the officer, reviewed body-worn video footage, obtained statements from witnesses and consulted a taser expert.

“The evidence showed the man resisted officers’ attempts to stop and search him, resulting in the officer under investigation discharging a taser.

“The man subsequently became violent, punching the officer in the face, and the taser was discharged a further four times, although it was not clear if these made contact with the man. One of the others officers present also discharged their taser twice.

“We accepted the officer’s explanation for the use of force, in light of the perceived threat based on intelligence the man had a knife, and determined the response was reasonable in the circumstances.

“However, we did identify potential missed opportunities to prevent the incident escalating, and advised the officer might benefit from a reflective practice review process regarding guidance for conflict management and de-escalation techniques.”

The News & Star gave an undertaking to the court that our use of the footage would be redacted where appropriate to ensure that both in the injured suspect and the police officers could not be identified.

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