PC defends use of pepper spray on vulnerable woman

Avon and Somerset Police HeadquartersImage source, Stephen Sumner
Image caption,

The hearing heard the spray was used at point-blank range while the victim’s hands were handcuffed

  • Published

A police officer has defended using pepper spray on a handcuffed, vulnerable woman, saying it had "the desired effect" to subdue her.

The female constable from Avon and Somerset Police responded to a woman having a mental health episode on Clifton Suspension Bridge in 2021.

After placing her into the back of a police car, PC B sprayed her at close range with PAVA, an artificial pepper spray.

“It was a fight-or-flight response, which was why I reacted so quickly," she said.

'Disproportionate force'

Giving evidence on day two of a misconduct hearing, the constable, who is in her 20s and has since resigned, insisted she did the right thing by using the self-defence spray before covering the victim's head with a 'spit hood'.

The officer, who cannot be named for legal reasons, said she wanted to stop the woman kicking out at her and get her to comply with instructions.

She alleges this is what police were told to do, and had given the woman two verbal warnings to calm down.

She claims the female then kicked her thigh, causing a bruise, so PAVA was justified.

However, PC Beth Hawke told the panel that this decision “would not be in line with training” and was “disproportionate”.

“If an officer engaged in this behaviour on their refresher training, they would not be operationally deployable until this was addressed," said PC Hawke.

“It’s clearly not the minimum force necessary to gain control."

If you have been affected by any issues raised in this article, help and support can be found at BBC Action Line.

Image source, Getty Images
Image caption,

PC Hawke said the training was clear that PAVA should not be deployed within one metre

According to the Local Democracy Reporting Service, PC B, along with another female officer who also attended the scene, denies gross misconduct by failing to follow a proportionate force policy.

In explaining her actions, PC B told the panel she was under the impression PAVA was "a compliance tool."

“From the point of deploying Pava to taking her to custody it had the desired effect.

“She wasn’t violent again and that’s all I needed it to do."

The officer denied intentionally grabbing the woman’s hair, saying she was trying to reposition her in the car to stop her from kicking out.

However, she admitted using more force than intended when striking Miss A with an open palm.

“I want to put my hand up and apologise for certain aspects but I want to give my account of why I did certain things," she said.

“Miss A was very well known and I had heard about how violent she had been to colleagues. We needed to be cautious.

“She was in custody three or four times a week," she added.

PC B said that an arrest was made under section 136 of the Mental Health Act, because previous attempts to take the woman to a safe place had proved unsuccessful.

PC B said she laughed during the incident, but only to use humour in an attempt to lighten the situation, but that it did not have the desired effect.

“On reflection I agree I should not have spoken to her in such a dismissive way," PC B continued.

“Her actions influenced me and how I dealt with her.

“It was a massive learning point for me. I have learned I need to be more patient, caring and courteous."

Barrister Nick Walker, representing the other officer, PC A, said prior to the incident, Miss A had 15 previous convictions for assault on emergency workers.

He said: “In the 12 months that followed there were more than 30 convictions on emergency workers, so this is someone with a very prolific history of assaulting police officers.

“That is important for anyone attending this scene, knowing that you can’t let your guard down for a second."

He added that officers found the broken base of a glass bottle as a weapon when they searched the woman in custody.

The hearing continues.

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