Officers win appeal against conviction for common assault
Two former Sussex Police officers who challenged their conviction for common assault have had their appeals upheld.
Former PCs Daniel Lott and Daniel Groves had been charged after using PAVA spray while they were transporting an arrested man to custody in the back of a police van in Bognor on May 29, 2022.
The Crown Prosecution Service (CPS) authorised charges of common assault and at a trial at Brighton Magistrates’ Court on May 15, 2023, they were found guilty.
Following a sentencing hearing on July 19, 2023, they were subsequently dismissed from Sussex Police during an accelerated misconduct hearing.
Both men challenged the conviction, and at an appeal hearing at Hove Crown Court this week their appeal was upheld.
Sussex Police said it “respects the decision and will now take full account of the observations made in court”.
The judge in the appeal case said he was surprised “that it was ever thought appropriate to charge two decent young men with this offence”.
Mr Groves said: “It just feels like a wave of relief now that a judge has not only found in our favour but made the comments he did. He clearly felt very strongly and it’s a vindication really.”
And his colleague Daniel Lott added: “It was really difficult to have my integrity and everything I stood for – my values, my ethics – challenged, when I just knew it wasn’t me. I’m just incredibly grateful for the right outcome.”
During the incident, one of the arrested men repeatedly kicked the police van’s doors on the journey to custody and was in danger of harming himself. After he ignored repeated requests from the officers to stop, they deployed their PAVA spray.
Sussex Police Federation branch secretary Andy Standing assisted the officers during the whole process.
He said: “These officers were placed in an impossible position because of the poor state of resourcing on the front line in Sussex Police, compounded by the fact that this incident was reviewed by Professional Standards Department officers and CPS solicitors with little or no understanding of use of force as well as the external factors the officers had to deal with.
“As a result, these two upstanding officers have had their names and reputations dragged through the mud. They both have young families and lost their jobs after merely doing the right thing and using the lowest form of force possible in the circumstances.
“I am pleased the right decision has now been reached and echo the comments made by HHJ Gold in that we expressed surprise and concern at the outset of this incident that the officers were ever placed on a criminal investigation.
“I now look forward to working with Sussex Police to right the wrong that these officers have suffered.”
Sussex Police Federation chair Raffaele Cioffi added: “Our members have now been exonerated after what can only be described as an unpleasant ordeal that has come at great personal and professional cost.
“The role of a constable is a challenging one, particularly when it comes to decisions around the use of force. The public rightly expects officers to act in accordance with the law, and that is precisely what has happened here.
“Sussex Police Federation will continue to robustly defend and support our members who are simply doing their job for the right reasons and in line with their legal duties.”