A police officer accused of placing a handcuffed man in a headlock has been given a final written warning after a conduct panel found he had committed misconduct.
It was alleged that after arresting a man who was wanted for a number of offences, PC Jonathan Silverman had used disproportionate force to detain him as he was being taken to a police custody suite in Southend.
A misconduct panel hearing between Monday and Thursday last week was told the detainee reached forward between two front seats in a police car while he was being taken to custody, appearing to make an attempt of touching the handbrake.
Once at custody, the man was removed from the vehicle and restrained, subsequently placed into a headlock which was sustained for a period of time in the holding cells, it was alleged.
PC Silverman was accused of breaching the standards of professional behaviour in relation to use of force, discreditable conduct, honest and integrity, authority, respect and courtesy and duties and responsibilities.
He was placed on restricted duties, and denied the allegations during the panel hearing at Chelmsford Civic Centre, chaired by Assistant Chief Constable Andy Mariner.
Two allegations were found proven at misconduct level, rather than gross misconduct. These were verbal threats towards the detainee outside the custody cell and the use of a headlock while in a holding cell for a prolonged period.
PC Silverman was given a final written warning, which will remain in place for three years.
Asst Chief Constable Andy Mariner said: “Being a police officer is not an easy job; and can at times involve the most heated and challenging circumstances. Whilst it is evident that PC Silverman’s actions in this series of incidents did fall below what we expect, those actions have not been found at gross misconduct level.”
“Whilst it is never OK to use excessive force on a person who has been arrested, we do recognise that PC Silverman’s initial use of a headlock as he approached the custody suite was the result of an honest belief that level of force was required to prevent an escape. However, continuing that course of action once inside the holding cell was not reasonable and that action has been found as misconduct.”
“The public will rightly expect police officers to behave proportionately to the threat being posed to them in any situation and it is exactly those situations which officers are well trained to face. PC Silverman has accepted the sanction and we will do all we can to help him integrate back into full duties at Essex Police – a role in which he still has the support of his colleagues and management.”
The use of a headlock before entering the holding cell was found not to be proven as misconduct, as the accepted the officer’s belief that level of force was needed to maintain the safety of himself and others. Allegations of dishonesty in the officer's version of events were found not proven.
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