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Home / Outcomes / 2024 Summaries of Police Investigations

Officer investigated for assaulting a person in custody in Bay of Plenty

20 February 2024

The Authority oversaw a Police investigation into an allegation an officer used excessive force when trying to move a person in custody from one cell to another. Police reviewed CCTV footage of the incident and initially identified two incidents of force used by the officer. The Authority’s own review of the same CCTV footage identified three separate incidents involving use of force that we consider should have been investigated.

The Police investigation found there was sufficient evidence to charge the officer with assault for two of the incidents. However, Police concluded that it was not in the public interest to do so. Police found the other use of force was lawful. In contrast, the IPCA has concluded that the evidential test for prosecution was met for all three incidents we identified. We also disagreed with Police’s conclusion that the public interest test for prosecution was not met. However, Police confirmed there were extenuating circumstances explaining why the test for prosecution was not met and the Authority accepted that these factors weighed against prosecution.

Police undertook an employment process that resulted in a confidential employment outcome.

IPCA Ref: 22-15381

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