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Norfolk PC handcuffed 'vulnerable juvenile' to railings | |
(21 days later) | |
Former police constable Andrew Barton also used "excessive force" during two separate arrests | Former police constable Andrew Barton also used "excessive force" during two separate arrests |
A police officer who handcuffed a "vulnerable juvenile" to railings after using excessive force has been struck-off following a misconduct hearing. | A police officer who handcuffed a "vulnerable juvenile" to railings after using excessive force has been struck-off following a misconduct hearing. |
Andrew Barton, who was a police constable with Norfolk Police, restrained the youngster in a headlock while responding to an incident at a flat on 31 October 2022, a panel heard. | Andrew Barton, who was a police constable with Norfolk Police, restrained the youngster in a headlock while responding to an incident at a flat on 31 October 2022, a panel heard. |
After exiting the building, he forced him to the floor and then handcuffed him to railings outside the property, despite him "not displaying any significant threat". | After exiting the building, he forced him to the floor and then handcuffed him to railings outside the property, despite him "not displaying any significant threat". |
Mr Barton said he attached him to the railings as he was concerned about an escalating situation inside the flat involving three men and his colleagues. | Mr Barton said he attached him to the railings as he was concerned about an escalating situation inside the flat involving three men and his colleagues. |
'Inherent risk of injury' | 'Inherent risk of injury' |
He later placed the boy inside a police car, leaving him handcuffed and alone for about 12 minutes while he went back into the flat. | He later placed the boy inside a police car, leaving him handcuffed and alone for about 12 minutes while he went back into the flat. |
Mr Barton maintained his primary concern throughout the incident was to protect the welfare of two juveniles – including the one he had detained - and to protect his colleagues. | Mr Barton maintained his primary concern throughout the incident was to protect the welfare of two juveniles – including the one he had detained - and to protect his colleagues. |
But during a misconduct hearing a panel ruled Mr Barton's use of force was "disproportionate and unreasonable" and therefore a "dismissal" was "justified". | |
It was also said detaining the juvenile in a headlock presented "an inherent risk of injury" and it was not "necessary or reasonable" to handcuff him to the railings. | It was also said detaining the juvenile in a headlock presented "an inherent risk of injury" and it was not "necessary or reasonable" to handcuff him to the railings. |
'High-risk technique' | 'High-risk technique' |
The following month, during a separate incident on 13 November, Mr Barton discharged his Taser into the back of a man who was already in handcuffs. | The following month, during a separate incident on 13 November, Mr Barton discharged his Taser into the back of a man who was already in handcuffs. |
Mr Barton said he deployed the "high-risk technique" because he feared the detainee was about to assault his colleague and ultimately flee the scene. | Mr Barton said he deployed the "high-risk technique" because he feared the detainee was about to assault his colleague and ultimately flee the scene. |
The panel, however, suggested using the taser in such a way "exacerbated the risk" of injury to the suspect as it meant he would not have been able to break his fall. | The panel, however, suggested using the taser in such a way "exacerbated the risk" of injury to the suspect as it meant he would not have been able to break his fall. |
It added that it would have expected "an officer of PC Barton's experience" to have considered other options before "deploying a high-risk technique". | It added that it would have expected "an officer of PC Barton's experience" to have considered other options before "deploying a high-risk technique". |
The panel concluded Mr Barton should be dismissed without notice. | The panel concluded Mr Barton should be dismissed without notice. |
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