PC keeps job after using unreasonable force

A police constable acted disproportionately by using a pepper-type spray on a suspect, a misconduct hearing has found.

PC Hayley's Smith's actions were "unnecessary", a panel concluded following a two-day hearing at Lincolnshire Police headquarters in Nettleham on Monday and Tuesday.

The officer, based in Skegness, used PAVA, a synthetic version of pepper spray, on a detainee at less than the recommended distance from their face on 13 July last year.

The panel acknowledged PC Smith's good character and "passion" for policing. She was given a final written warning, which will remain in place for two years.

PC Smith told the hearing she "genuinely believed" there was a "policing purpose" to what she was doing and her use of force was "proportionate and necessary", according to the Local Democracy Reporting Service (LDRS).

The panel found she had been dealing with a difficult situation and the detained person was not co-operating

However, she failed to take into account the risk of spraying PAVA at less than one metre. Policing guidance states that this risks causing serious harm to their eyes.

Her use of language and general conduct towards the detained person was also "unwarranted".

Her actions had the potential to undermine public confidence in the force.

'Potential harm'

PC Smith had been trained in use of force and what is "reasonable and appropriate", LDRS reported.

Assistant Chief Constable Nicola Mayo, who chaired the panel, said there was "a risk of potential harm" during the incident.

"We found that PC Smith did deploy PAVA in a manner which was disproportionate and unnecessary," she added.

PC Smith should have given more notice before spraying PAVA, and "other alternatives" were available to her.

The panel found she breached the standards of professional behaviour when she used excessive or unreasonable force and failed to act with self-control and tolerance towards a detained person, Lincolnshire Police said.

However, the harm caused was low and the misconduct was short-lived. She had "failed to correctly calibrate" the force used, but this was not "deliberate".

PC Smith has up to 10 days to appeal the judgement.

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