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Police admit breaking health and safety law after restraint of caretaker Police admit breaking health and safety law after restraint of caretaker
(35 minutes later)
A police force has taken the unprecedented step of admitting breaking health and safety law over the death of a church caretaker who collapsed in custody after a heavy webbing belt was held across his face.A police force has taken the unprecedented step of admitting breaking health and safety law over the death of a church caretaker who collapsed in custody after a heavy webbing belt was held across his face.
The office of the Devon and Cornwall chief constable pleaded guilty to breaches under the Health and Safety at Work Act on Friday – six years after the death of Thomas Orchard, who has mental health problems. The office of the Devon and Cornwall chief constable pleaded guilty to breaches under the Health and Safety at Work Act on Friday – six years after the death of Thomas Orchard, who had mental health problems.
It is the first time a British police force has admitted such an offence and will be seen as a landmark case by campaigners, who believe that police forces and officers almost always escape justice after preventable deaths in custody.It is the first time a British police force has admitted such an offence and will be seen as a landmark case by campaigners, who believe that police forces and officers almost always escape justice after preventable deaths in custody.
Devon and Cornwall police admitted breaching the act on the basis that there were failings over issues such as how officers were trained in the use of the US-made emergency response belt (ERB).Devon and Cornwall police admitted breaching the act on the basis that there were failings over issues such as how officers were trained in the use of the US-made emergency response belt (ERB).
However, the force is not accepting that the belt directly caused Orchard’s death, and a judge is expected to have to rule whether the ERB was a significant factor in the fatality after considering evidence at a further hearing. However, the force does not accept that the belt directly caused Orchard’s death, and a judge is expected to have to rule whether the ERB was a significant factor in the fatality after considering evidence at a further hearing.
Orchard’s family will not be wholly satisfied by the force’s admission and believe it should have been charged with corporate manslaughter.Orchard’s family will not be wholly satisfied by the force’s admission and believe it should have been charged with corporate manslaughter.
They describe Orchard as a sensitive, free-spirited man who began to have mental health problems after taking recreational drugs as a teenager, and argue he was badly let down by the police, claiming officers should have treated his case as a medical emergency rather than a criminal incident.They describe Orchard as a sensitive, free-spirited man who began to have mental health problems after taking recreational drugs as a teenager, and argue he was badly let down by the police, claiming officers should have treated his case as a medical emergency rather than a criminal incident.
Orchard, who had paranoid schizophrenia, was arrested after a disturbance in central Exeter, Devon, in October 2012 and taken to the city’s Heavitree police station. Orchard, who had paranoid schizophrenia, was arrested after a disturbance in Exeter, Devon, in October 2012 and taken to the city’s Heavitree police station.
At the trial of three officers accused of his manslaughter, prosecutors said the ERB was wrapped tightly around his face when he was carried in a prone position and then placed face down in a cell, restricting his ability to breathe. He went into cardiac arrest and died a week later at the age of 32. At the trial of three officers accused of his manslaughter, prosecutors said the ERB was wrapped tightly around his face when he was carried in a prone position and then placed face down in a cell, restricting his ability to breathe. He went into cardiac arrest and died a week later. He was 32 years old.
The officers insisted the ERB was used to stop Orchard biting or spitting at them and claimed it was an approved piece of equipment supplied by Devon and Cornwall police for that purpose. They were cleared of manslaughter.The officers insisted the ERB was used to stop Orchard biting or spitting at them and claimed it was an approved piece of equipment supplied by Devon and Cornwall police for that purpose. They were cleared of manslaughter.
Lawyers for the Orchard family believe this is only the third time a force has been prosecuted under the Health and Safety at Work Act 1974 in relation to a civilian’s death.Lawyers for the Orchard family believe this is only the third time a force has been prosecuted under the Health and Safety at Work Act 1974 in relation to a civilian’s death.
The other two were the cases of Jean Charles de Menezes and Anthony Grainger, who were both shot dead by police. The latter case was subsequently dropped. The Met was fined £175,000 and ordered to pay £385,000 costs over the De Menezes case. However, the Orchard case is the first involving restraint in custody.The other two were the cases of Jean Charles de Menezes and Anthony Grainger, who were both shot dead by police. The latter case was subsequently dropped. The Met was fined £175,000 and ordered to pay £385,000 costs over the De Menezes case. However, the Orchard case is the first involving restraint in custody.
The office of the chief constable – the corporate body for the Devon and Cornwall force – admitted breaches under section three and 33 of the act, which states that organisations must not expose non-employees to risk. Sawyer was present in court as the holder of the office but was not required to sit in the dock. The force is likely to be fined. The office of the chief constable – the corporate body for the Devon and Cornwall force – admitted breaches under section 3 and 33 of the act, which states that organisations must not expose non-employees to risk. Sawyer was present in court as the holder of the office but was not required to sit in the dock. The force is likely to be fined.
Devon and Cornwall police still has ERBs as a limb restraint, but does not use them around the face as “spit hoods”. Devon and Cornwall police still uses ERBs as a limb restraint, but does not use them around the face as “spit hoods”.
In a statement outside court, Sawyer offered his “deepest regret” to Orchard’s family and friends.
He said: “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. Following his restraint and detention, Thomas became unconscious and a week later died.
“In respect of the use of the emergency restraint belt, it is my belief that standards expected by Devon and Cornwall police were not met between 2002 and 2012 and did not meet the legal threshold of the Health and Safety at Work Act 1974.
“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 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 … the judge is still to make a determination on this issue.”
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