The Independent Police Conduct Authority has found that the force used by two Police staff to restrain a detainee within the Auckland Custody Unit on 18 January 2023 was unjustified. Furthermore, the standard of care provided to the man while in custody fell below acceptable levels.
On 18 January 2023, Police arrested an 18-year-old man for breaching a bail condition. The man was taken to the Auckland Custody Unit and placed into a holding cell. About 30 minutes later, one of the arresting officers told him that he would be staying in the cells overnight. The man became angry, kicked the cell door, and spat on the floor. He calmed down when a custody officer instructed him to do so.
Shortly afterwards, the custody officer and a Police sergeant moved the man from the holding cell into an overnight cell. The CCTV footage shows the man was compliant and walked freely.
When the man arrived at his cell, he hesitated, stepped away from the cell door, and asked for a dry cell. The footage shows there was a sheen of moisture on the cell floor and bed plinth, whereas a cell directly opposite appeared to be dry.
The officers say the man became aggressive and yelled that he was not going inside the cell. The officers felt it was unsafe for them to look for another cell. The man says he asked for a dry cell, which he believed was a reasonable request.
The officers each took hold of one of the man’s arms and moved him into the damp cell. Another officer followed them and removed the mattress from the cell. The officers say the man was resisting and they thought he may lash out at them. The custody officer holding the man’s left wrist applied a wrist lock, causing him to bend forward and step up onto the plinth. While holding the man’s arms, the officers used their free hands to pull his legs out from under him. The man fell in such a way that his head struck the edge of the plinth. The officers then held the man down on the ground for about 40 seconds before releasing him and allowing him to stand back up.
The Authority found that the custody officer and Police sergeant had less forceful options available to them. Firstly, they could have moved the man into a dry cell. Once the man was inside the damp cell, we do not accept that he was resisting or about to lash out. The officers did not need to take him to the floor; they could have stepped back from him and left the cell. We found that the officers were not justified in using force against the man.
The footage shows the man had struck his head heavily. The officers explained that the man did not appear to be injured, and that they monitored him on camera. We found it concerning that the officers dismissed the possibility of the man having a head injury. In our view, they should have contacted a health professional for advice.
Following the incident, the man remained in the cell, without a mattress and blanket, for nearly four hours. We found no genuine reason for custody staff to withhold these from him.
Overall, we conclude that the standard of care provided to the man while he was in custody was below the standard of care we would generally expect.
Police completed their own investigation. They charged both officers with common assault. At the subsequent trial, the court did not find any evidence to indicate intent on the part of the officers. The charges against both officers were dismissed. Police conducted a disciplinary process with both officers.
The Authority delayed the release of its public report until after the conclusion of related court proceedings in November 2024 and at the request of Police while they progressed their disciplinary process.
Use of force in Auckland Custody Unit not justified (PDF 541 KB)