Force admits health and safety breaches
Devon and Cornwall Police has pleaded guilty to breaking health and safety legislation following the death in custody of Thomas Orchard.
Mr Orchard, 32, was arrested and taken to Heavitree Road police station in Exeter, Devon, in October 2012.
Mr Orchard, who suffered from paranoid schizophrenia, died in hospital a week later.
While in custody, Mr Orchard was restrained, and an emergency response belt (ERB) was put across his face, and then he was placed in a cell. He was motionless for 12 minutes before police staff re-entered, and finding him unconscious, started CPR.
A Devon and Cornwall Police custody sergeant and two staff members from the force were acquitted of Mr Orchard’s manslaughter by gross negligence in March 2017.
But this year, prosecutors charged the Office of the Chief Constable of Devon and Cornwall under the Health and Safety at Work Act 1974. No one individual was prosecuted, however.
The force pleaded guilty at Bristol Crown Court on Friday (October 19).
Chief Constable of Devon and Cornwall Police Shaun Sawyer said in a statement:
“From 2002 until 2012 Devon and Cornwall Police researched, procured and trained members of the organisation in the use of an emergency restraint belt. That piece of equipment was used during the restraint of Mr Thomas Orchard on October 3, 2012. Following his restraint and detention, Thomas became unconscious and a week later died.
“In the intervening six years, my thoughts have always been with Thomas, his family and friends who have lost a loved one. It is only today that I have been able to personally offer my deepest regret to all those individuals.”
Mr Sawyer added that Devon and Cornwall Police had co-operated fully with the Independent Office for Police Conduct, the Health and Safety Executive and the Crown Prosecution Service from the beginning.
He added: “Throughout the last six years I have had the opportunity to review the totality of this matter and latterly, the evidence provided to me by the Crown Prosecution Service in pursuit of a single offence charge under the Health and Safety at Work Act 1974.”
He added that the standards expected under that legislation had not been met by Devon and Cornwall Police between 2002 and 2012 in the use of the emergency restraint belt.
Mr Sawyer said: “In the spirit of candour and out of respect to the courts, the family of Thomas, the public and my workforce, I have decided, as the Corporate representative of the organisation, that it is only right to plead guilty on behalf of Devon and Cornwall Police to this charge.
“However, legal matters remain outstanding in respect of whether this Health and Safety breach caused the death of Thomas.
“We must respect this court process as the judge is still to make a determination on this issue, and it is not for Devon and Cornwall Police to make a decision on such a critical matter.”
Mr Sawyer added that it was “an extremely complex matter” which still had to be decided by the court, and so it would be inappropriate for him to comment further at this point.