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News 03/12/2024

Amina Graham acted for a Metropolitan Police Officer accused of using excessive force on a member of the public who had been arrested and detained for assaulting an Emergency Worker.

Both the assault by the member of the public on the Emergency Worker and the Officer’s actions were captured on police body worn footage, where members of the public and friends and family of the detained person were also present. Notably, none of those individuals raised any issue with the Officer’s use of force towards the detained person and no complaint was ever raised against the Officer. The incident came to light following a CPS review of the case against the individual who had committed the assault.

The Officer had always maintained that his use of force was necessary, reasonable, and proportionate, in the circumstances. An independent Subject Matter Expert on Use of Force was instructed on behalf of the Officer and gave evidence in support of the Officer’s defence. The Panel also heard evidence from the Officer, who maintained that his use of force was the minimum he honestly and reasonably judged to be necessary in the circumstances.

Following the conclusion of the evidence, Amina made submissions that the case did not amount to either Misconduct or Gross Misconduct in all the circumstances. The Panel agreed and found the allegation of use of excessive force not proved. A further allegation of Discreditable Conduct was also found not proved.

Counsel was instructed by Colin Reynolds of Reynolds Dawson Solicitors. The written decision can be accessed here.

News 03/12/2024

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Amina Graham

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