Ex-Lancashire Police sergeant criticised over custody death

Kelly Hartigan-Burns was found unresponsive after being placed in a police cell

A police sergeant was more interested in finishing his shift than properly assessing a woman who later died in custody, a hearing has heard.

Jason Marsden was working as a custody sergeant for Lancashire Police when Kelly Hartigan-Burns, 35, was arrested and brought into a police station.

She was put in a cell later but was later found unresponsive and pronounced dead in hospital in December 2016.

Mr Marsden faces a number of alleged breaches but denies any wrongdoing.

During the gross misconduct hearing, a panel heard how Ms Hartigan-Burns, from Darwen, had tried to take her own life earlier that evening.

However, she was later arrested by police over a separate issue involving an alleged assault on her partner and brought into Greenbank Police Station in Blackburn.

Ms Hartigan-Burns, who had mental health problems, was on medication from a psychiatrist when she was arrested, the hearing at Leyland Police Station was told.

Barrister Charles Apthorp, who presented the allegations against Mr Marsden, said: "Officers are supposed to be diligent, and I stress that. 

"In custody, they are supposed to ask questions in an open way to encourage and elicit information.

"There was no proper attempt to do this. The officer read quick-fire questions as rote. It was a tick-box exercise."

Kelly Hartigan-Burns had been taken to Greenbank Police Station in Blackburn

Mr Apthorp told the hearing that Ms Hartigan-Burns had been "moved from the desk to the cell as quickly as possible".

He said Mr Marsden "was more interested in finishing his shift and leaving rather than carrying out his obligations to Kelly".

But Sarah Barlow, representing Mr Marsden who no longer works for the force, said he had completed most custody requirements and had faced a difficult situation that night.

She told the hearing that Ms Hartigan-Burns had been shouting, struggling and was intoxicated and Mr Marsden believed there was the potential for violence from her.

Ms Barlow added that Ms Hartigan-Burns was then was quickly questioned and put in a cell, which was quite common when police thought violence was possible.

She said other officers on arrival at the station had not made Mr Marsden aware of Ms Hartigan-Burns' mental health issues or attempt to take her life that night but, as information came to light, he referred her for a visit the next morning by another team.

Ms Barlow said if any breach had happened, it did not justify a misconduct or gross misconduct finding.

The panel is expected to announce its findings on Monday.