The Authority oversaw a Police investigation into an allegation that Police seriously assaulted a person following a neighbour dispute in Canterbury. The person also alleged that they were stripped naked while in custody and denied access to medication. The person was charged with disorderly behaviour, resisting arrest and assaults Police.
The Authority found that Police had no grounds to make an arrest for disorderly behaviour as the offence was not made out. Consequently, there was no power to enter the person’s address to arrest them and no lawful justification for Police to use force. The person’s actions in resisting Police, which resulted in a minor injury to an officer, did not therefore constitute an offence of assaults Police.
Both a Senior Police Prosecutor and the District Prosecution Manager also expressed doubts about the lawfulness of the officers’ entry to the person’s address and considered that the Police prosecution should be discontinued. However, the prosecution continued despite these reservations, resulting in the person entering an early guilty plea to assaults Police, unaware of the unlawfulness of Police actions. Consequently, the person was convicted of an offence with which they should never have been charged (charges in respect of disorderly behaviour and resists Police were withdrawn).
At the Authority’s direction, Police applied to have the matter recalled. No evidence was offered in respect of the assaults Police charge, with the charge being dismissed by the Court.
The Authority did not identify any Police misconduct arising out of the person’s treatment while they were detained in Police custody.
IPCA: 22-15688