Officer who appears to 'punch' disabled man faces no action

A police officer who used PAVA spray on Michael McQueen, who also appeared to punch the man in his wheelchair, will not face any disciplinary action

Police officers who are seen in footage to have used force on a man in a wheelchair prior to his arrest will not face disciplinary action.

CCTV and bystanders captured footage of a police officer who appeared to punch Michael McQueen before he was arrested in St Peter's Road in Great Yarmouth in May 2024.

Norfolk Police said the officer was not suspended but took time off duty immediately after the incident.

The Independent Office for Police Conduct (IOPC) said: "We found no evidence to suggest that any officer behaved in a manner that would justify bringing disciplinary proceedings."

The officer arrested Michael McQueen who was holding a bottle of alcohol while in the middle of St Peter's Road

The footage showed the man brandishing a glass bottle at the police officer, who used PAVA spray so he could take the bottle and move McQueen off the road.

During a scuffle, McQueen grabbed the officer's PAVA spray canister, and the officer then appeared to punch the disabled man to take back the spray.

The Crown Prosecution Service (CPS) did not bring charges against McQueen for this incident, but a week later, he was sentenced to 32 weeks in prison in relation to another matter for sexual assault, assaulting a police officer and making threats.

The IOPC statement said it investigated two police constables and looked at whether the force used was necessary, proportionate and reasonable in the circumstances.

It also reviewed the general conduct of officers during their interaction with the man, the aftercare given following the use of PAVA and whether the officers treated the man differently because of his disability and mental health.

The statement added: "During the investigation, there was an indication that a potential assault offence may have been committed by an officer who used PAVA spray on the man.

"Due to the statutory time limit for assault offences, in November 2024, we referred a file of evidence to the Crown Prosecution Service before our investigation had concluded.

"Later that month, the CPS decided no charges would be brought."

Michael McQueen had brandished a glass bottle at police, having been in the road causing a hazard to traffic

An IOPC spokesperson said its investigation examined body-worn video camera footage, CCTV images and examined documents and witness statements.

Interviews were conducted with Mr McQueen and the police officer who used the PAVA spray.

"We also obtained a report from a use of force expert, which determined the use of PAVA was effective as the man immediately went from 'shouting and resisting to quiet and more compliant'.

"At the end of our investigation, we found that no reasonable tribunal could find the use of PAVA was not necessary, reasonable and proportionate in the circumstances as the man was being verbally abusive and threating towards officers, had spat at a colleague and was resisting efforts of officers to restrain and handcuff him."