Officers being ‘left in limbo’ over misconduct allegations, says BTP Federation

Police Constable Andrew Spiby had been charged with common assault after deploying a Taser during a disturbance at Derby train station in May 2018.

Despite successfully appealing against his conviction in November 2019, PC Spiby faced a gross misconduct hearing that Federation chair Nigel Goodband claimed the force was “compelled” to hold by the Independent Office for Police Conduct (IOPC).

Mr Goodband said the last two-and-a-half years had been “extremely stressful and worrying” for the BTP officer.

“We fully appreciate the need for matters to be investigated, but for the IOPC to compel BTP to hold a misconduct process in a case which had already been overturned by the courts illustrates all that is wrong with their procedures,” he said.

“The IOPC talks about reviewing and improving its practices and indeed Michael Lockwood [Director General of the IOPC] spoke of exactly this when I met with him last. The reality of the situation is that officers continue to be left in limbo while the IOPC doggedly pursue threadbare cases against them.”

Mr Goodband added: “This case demonstrates the risks police officers face day in, day out. They are required to make split-second decisions – decisions that can save lives and protect others – but these decisions are then judged from the luxury of an armchair and not in the midst or context of a violent confrontation.

“To judge this case from the outset as criminal matter and for it to result in no further action, clearly questions the original assessment by the investigators.

“I have raised my concerns directly with the IPOC.”

However, the IOPC said criminal and misconduct proceedings “serve two different purposes” and it was “inaccurate to say the force was compelled” to hold a misconduct hearing.

A spokesperson for the IOPC said: “Our investigation was completed within four months when a file was referred to the Crown Prosecution Service (CPS) to consider charges.

“In January 2019, BTP agreed with our assessment that there was a case to answer for gross misconduct.

“The CPS charged PC Spiby with assault and he was convicted of that following a trial in April 2019. The officer successfully appealed against that conviction, which was overturned in November that year.

“In February 2020 we reviewed our findings at the request of the force and having received transcripts from the court hearing – delayed during last year’s lockdown period – we agreed in October with the force’s recommendation that the officer should attend a misconduct meeting. It is inaccurate to say the force was compelled to hold this.”

The spokesperson added: “Criminal and misconduct proceedings serve two different purposes. Criminal matters are to determine whether the law has been broken and it is a CPS decision whether to charge. Misconduct proceedings are about professional standards of behaviour and can, at their most serious, determine if a person is fit to remain a police officer. There are examples of where police officers acquitted in court have been found to have breached professional standards and have lost their jobs as a result.”

The incident on May 28, 2018, occurred during the arrest of two men at Derby train station after PC Spiby and a colleague were called to reports of a disturbance involving a group of people on one of the station platforms. PC Spiby deployed a Taser on one of the men, who also had incapacitant spray used on him twice by his colleague.

Following the IOPC investigation the CPS authorised a charge of common assault against PC Spiby; a charge the officer denied.

PC Spiby was convicted following a two-day trial in April 2019.

The officer subsequently sought leave to appeal against conviction. The application was granted and following a hearing at Birmingham Crown Court on Thursday November 7, PC Spiby’s conviction was overturned.

Despite this, BTP found there was a case to answer for gross misconduct against PC Spiby. This was again challenged but a misconduct meeting was held by BTP this year on Tuesday, January 5. However, the hearing concluded that no further action would be taken.

Mr Goodband welcomed the outcome of the misconduct case and thanked Reynolds Dawson Solicitors for its support and assistance.

He said: “The last two-and-a-half years have been extremely stressful and worrying for PC Spiby and his family. Throughout the case, he has been professional and compliant, while remaining dedicated to his frontline duties.

“PC Spiby is an experienced officer and we hope he can put this incident behind him, but we know it isn’t always that easy. He has been supported by BTP Federation all through this long and drawn out process and can be assured of our continued support.”

PC Spiby said he “went through absolute hell” and has thanked the Federation for its support.

He said he did his “duty” by firing his Taser in an escalating situation, little knowing that day “would change his life forever”.

Describing the devastating impact the case had on him, PC Spiby said: “I went through absolute hell, with depression, anxiety and mental health issues. Every time I started to go downhill, they [the Federation] were there to lift me up, making sure that medical and health support was alerted.”

Writing about his experience for the BTP Federation, PC Spiby said: “I remember the day I walked out of court after being sentenced to 16 weeks imprisonment (suspended for 12 months), a community service order for 120 hours and a hefty fine. Within 20 minutes of leaving the court I received a telephone call from the Federation offering to pay my fine.

“It’s now nearly three years on and at last I can rest now that justice prevailed. Just to make one thing clear: I was totally exonerated in Crown Court and cleared at the misconduct meeting.

“For the work that the Federation has done for me, I can never thank them enough.”

To read PC Spiby’s full account of his experience, visit https://www.btpolfed.org.uk/pubs/exonerated.htm