Police use of PAVA during violent incident justified with officers praised for their courage

The incident in Livingston happened at around 1am on Thursday April 11, 2019, when two Police Scotland officers in a patrol car stopped two men in a 4×4 car for a routine check and discovered there was an outstanding warrant for the 23-year-old passenger.

Following a violent struggle, both men were eventually arrested.

An investigation by the Police Investigations and Review Commissioner (PIRC) found that the use of PAVA spray was “necessary and proportionate in the circumstances”.

The PIRC report highlighted the “bravery and determination of the officers” in dealing with the two men who posed a considerable danger. The officers sustained bruising and swelling during the incident.

The investigation found that as the officers tried to arrest and handcuff the passenger he struggled violently, punching one of them in the face.

The driver then drove off with the other officer hanging out of the car holding onto the front passenger seat.

The officer managed to use his PAVA spray, causing the driver to stop and get out of the car. The other man then jumped into the driver’s seat and drove off at speed with the officer in the passenger seat of the car. The officer then managed to pull the steering wheel causing the car to come to a stop on the grass verge.

The 23-year-old man then got out of the car and slammed the car door against the arm of the officer several times causing him to lose his grip. He then ran off with the handcuffs still attached to his left wrist. Meanwhile, the other officer had followed the car and arrested the original driver when he left the vehicle.

The 23-year-old was found about 40 minutes later in the rear garden of a nearby house and arrested. He was found to have sustained a severe injury to his left hand. Subsequent inquiry showed that this most likely occurred when the man broke into a nearby hotel.

The man was taken to hospital by officers where it was found he had ‘de-gloved’ and partially severed the small finger of his left hand. He then underwent emergency surgery but the finger could not be saved and was amputated. The police officers sustained bruising and swelling as a result of being assaulted.

Both men man were charged with a number of offences and later convicted.

Police Scotland referred the incident to the PIRC on the same day.

At the time of the initial referral to the PIRC the exact circumstances of how the man came by his injury were not known and the incident was investigated

The publication of the PIRC report was delayed until court proceedings were concluded.

During the course of the investigation, PIRC investigators visited the scene, obtained statements from and interviewed relevant police officers and conducted a CCTV survey of the location. They also examined Command and Control incident logs, Airwave radio recordings and training records.

The investigation concluded that:

• The man was solely responsible for the serious hand injury he sustained;
• The actions of both men placed the officers in severe danger;
• The officers displayed courage and determination in attempting to arrest the man; and
• The use of PAVA spray by the officer in the circumstances was necessary and proportionate.

The Commissioner made no recommendations in respect of the incident.