The Authority oversaw a Police investigation into a complaint that a Police officer used excessive force in serving a Police Safety Order (PSO) on a man in the Canterbury District.
The man and his partner were divorcing, and they were not living together anymore. The man’s partner suspected that he took two dogs (which were disputed marital property) from her home, and she told Police that she was afraid, and was going to apply for a protection order. It was decided to issue the man with a PSO to ensure the woman’s safety while she made the application for a protection order to the courts. The woman told Police that the man was a risk to their safety and that he had an air rifle.
Police decided to go to the man’s address and detain him for service of the PSO. A constable approached the man and told him that he was being detained and that he wanted to handcuff him. The man resisted the handcuffs being placed onto him and a struggle broke out between the man and two constables. The man was taken to the ground and sustained an open injury to his head. The constable took the man to his patrol car and completed the PSO. The man was asked if he required medical treatment, but he declined and was released after service of the PSO.
Police undertook an incident investigation which concluded that it was appropriate for a PSO to be issued in the circumstances, and that it was lawful for the constable to detain the man for its service. It also found that the force used by the officers to overcome the man’s resistance was justified, and that the injury was an unforeseen consequence.
The investigation identified that Police should have completed the PSO documents before they went to the man’s address. The constable should also not have tried to handcuff the man immediately but should first have used tactical communication to resolve the situation. Police also identified that an ambulance should have been called for the man’s head injury.
Police have undertaken an employment outcome with the constable, and we agree that it adequately addressed the issues identified.
IPCA: 22-15169