The Authority was notified that an Authorised Officer (jailer) had been seen slapping a youth detainee across the face while he was handcuffed in a cell. The incident was captured on CCTV.
Police determined there was sufficient evidence that the staff member slapped the youth while he was restrained and there was no legal justification for this. However, Police determined the public interest test for prosecution required them to consider whether an alternative to prosecution would be appropriate. The staff member underwent an alternative resolution process for the assault and was subject to a confidential employment process. The staff member no longer works for Police.While the Authority disagrees with the decision not to charge the authorised officer given the circumstances of the incident, we acknowledge the decision to offer diversion is a matter of Police discretion and we are satisfied Police took the incident seriously in terms of their employment process.
IPCA: 21-8943