Publications

26 March 2021 | Investigations

PIRC Investigation: death of 51-year-old man after being released from police custody in Dundee on 22 Feb 2021

We have been directed by the Crown Office and Procurator Fiscal Service (COPFS) to investigate the

death of a 51-year-old man who died after being released from police custody in Dundee on 22 February 2021.

Our investigation will focus on the actions and decision-making of officers from when the man was arrested until he was released.

Once our investigation is concluded, a report with our findings will be submitted to the COPFS for consideration.

26 March 2021 | Investigations

Investigation Report: Serious injury following police contact, Kirkcaldy

BACKGROUND

On Tuesday 15 October 2019, a 38-year-old man sustained serious injuries when he fell about four metres from a balcony and landed on a paved footpath outside a property in Kirkcaldy.

Prior to the fall, police had attended at the property after receiving reports of a disturbance

On arrival, officers were informed that the man inside the flat was in possession of knives and a petrol bomb. The officers attempted to communicate with the man, which resulted in him issuing threats and throwing a number of heavy items from the balcony towards their police vehicle. The officers also observed that the man was in possession of large knives.

Additional police public order officers arrived and used their shields to form a barrier at the front door of the flat.

Police officers attempted to de-escalate the situation by engaging the man in conversation, which resulted in him repeatedly striking the door with an array of weapons and shouting that he would kill police officers and himself if they entered the property. The man then retreated from the front door, climbed over the railing of his balcony, lowered himself down and stood on top of the railing of the balcony below. He continued to issue threats and threw a large knife towards officers on the ground.

Several officers and members of the public then observed the man fall off the railing of the balcony, landing face down on the paved footpath below.

When officers forced entry to the flat they found a number of items, including knives and two petrol bombs inside. No other person was found within the property.

An ambulance attended and took the man to hospital. He was reported to the Crown Office and Procurator Fiscal (COPFS) in connection with the incident and later convicted. The publication of this report was delayed until these court proceedings were concluded.

REFERRAL TO THE PIRC

On 16 October 2019, Police Scotland referred the incident to the Police Investigations and Review Commissioner (PIRC) in terms of Section 33A(c) of the Public Order and Criminal Justice (Scotland) Act 2006 (as amended) and the Police Investigations and Review Commissioner (Investigations Procedure, Serious Incidents and Specified Weapons) Regulations 2013. Under the act, the Commissioner may investigate serious incidents involving the police where a person has sustained a serious injury.

PIRC INVESTIGATION

In conducting this investigation PIRC investigators visited the incident scene, viewed relevant mobile phone footage, obtained statements from police officers, police staff, medical staff and members of the public and seized and examined Command and Control (STORM) logs, Airwave recordings, briefing papers and records from police systems.

PIRC FINDINGS

The investigation finds:

• Police were called to a report of a disturbance at a man’s home in Kirkcaldy. On arrival they were informed that the man within was in possession of petrol bombs and other weapons. The man then threw a number of articles from the balcony at officers below.
• Specialist public order trained officers then attended and attempted to get the man to open the door and surrender to them. He refused to do so and struck the door with knives and other items while threatening to kill the officers and himself.                                                                                             
• The man then attempted to escape from the flat by lowering himself from its balcony to the balcony below while throwing a knife at a police officer standing below. The man then lost his balance and fell onto the pavement below sustaining serious injuries.       
• The police response was necessary and proportionate. Officers were faced with a violent man armed with weapons, who threw knives and other items at them. On later gaining entry to the flat they discovered petrol bombs.
• Officers conducted themselves professionally throughout the incident.                        
• The man was solely responsible for the injuries he sustained.                           

RECOMMENDATIONS

The Commissioner made no recommendations.

26 March 2021 | Investigations

Investigation Report: Serious injury following police contact, Livingston

BACKGROUND

About 0100 hours on Thursday 11 April 2019, two police officers were on patrol in a marked police car in Livingston when they stopped a 4x4 car for a routine check due to a number of recent crimes involving high value cars in the area.

The officers explained the reason for the stop and undertook Police National Computer (PNC) checks on both men in the car. These checks revealed that there was an apprehension warrant for the 23-year-old front seat passenger, who was informed he was under arrest and asked to step out of the car.

As officers placed handcuffs on his left wrist, the man struggled violently punching one of the officers on the face. The man then shouted to the driver of the car to drive off and he did so with the other officer hanging out of the car holding onto the front seat passenger.

The officer managed to use his PAVA spray, causing the driver to stop and get out of the car. The other man then jumped into the driver’s seat and drove off at speed with the officer in the passenger seat of the car. The officer then managed to pull the steering wheel causing the car to come to a stop on the grass verge.

The 23-year-old man then got out of the car and slammed the car door against the arm of the officer several times causing him to lose his grip. He then ran off with the handcuffs still attached to his wrist. Meanwhile, the other officer had followed the car and arrested the other man (initial driver) when he left the vehicle.

The 23-year-old was found about 40 minutes later within the rear garden of a nearby house and arrested. He was found to have sustained a severe injury to his left hand. Subsequent enquiry showed that this most likely occurred when the man broke into a nearby hotel.

The man was taken to hospital by police where it was found he had ‘de-gloved’ and partially severed the small finger (pinky) of his left hand. He then underwent emergency surgery but the finger could not be saved and was amputated. The police officers sustained bruising and swelling as a result of being assaulted.

Both men man were charged with a number of offences and later convicted.

The publication of this report was delayed until these court proceedings were concluded.

REFERRAL TO THE PIRC

On 11 April 2019, Police Scotland referred the incident to the Police Investigations and Review Commissioner (PIRC) in terms of Section 33A(c) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 as amended and the Police Investigations and Review Commissioner (Investigations Procedure, Serious Incidents and Specified Weapons) Regulations 2013 for consideration of investigation. At the time of the initial referral to the PIRC the exact circumstances of how the man came by his injury were not known and the incident was investigated.

PIRC INVESTIGATION

During the course of the investigation, PIRC investigators visited the scene, obtained statements from and interviewed relevant police officers and conducted a CCTV survey of the location. They also examined Command and Control incident logs, Airwave radio recordings and training records.

PIRC FINDINGS

The investigation finds:

• The man was solely responsible for the serious hand injury he sustained.
• The actions of both men placed the officers in severe danger.
• The officers displayed courage and determination in attempting to arrest the man.
• The use of PAVA spray by the officer in the circumstances was necessary and proportionate.

RECOMMENDATIONS

The Commissioner made no recommendations.

15 March 2021 | Investigations

PIRC Investigation: serious injury to 41-year-old man following incident in Angus on 5 March 2021

We are carrying out an investigation into the serious injury of a 41-year-old man, following contact with police officers attending the scene of a crash in Angus on 5 March 2021.

Our investigation will focus on the interaction between the injured man and officers attending the incident.

The matter was referred to us by Police Scotland and once the investigation is concluded, a report of our findings will be submitted to the Chief Constable.

08 March 2021 | Investigations

PIRC Investigation: Taser discharged at 22-year-old man in Orkney on 21 Feb 2021

We are investigating the use of Taser by Police Scotland officers during an incident involving a 22-year-old man in Orkney, on Sunday 21 February 2021.

As is standard procedure with the discharge of all Tasers, the matter was referred to us by Police Scotland and once our investigation is concluded a report will be sent to the Chief Constable.

08 March 2021 | Investigations

PIRC Investigation: 22-year-old man becomes unwell while in custody in Aberdeen on 22 Feb 2021

We are carrying out an investigation after a 22-year-old man became seriously unwell while in police custody in Aberdeen on Monday 22 February 2021.

Our investigation will focus on the actions of Police Scotland officers and their interaction with the man during his time in custody.

The incident was referred to us by Police Scotland. Once the investigation has concluded, a report will be sent to the Chief Constable.

25 February 2021 | Investigations

Investigation Report- Death following police contact, Northern Isles

BACKGROUND

In the early hours of 18 July 2020, members of the public alerted police officers to a 34-year- old man lying in the street in a town in the Northern Isles. The officers approached the man and found him asleep and smelling of alcohol. Having roused him, the man was found to be aware of his surroundings and understood what the officers were saying to him. The officers assisted the man to his feet and then walked with him to his nearby flat where they left him alone.

About 2pm that day, a friend of the man went to his flat and found him dead.

CCTV footage shows various sightings of the 34-year-old man in the company of friends throughout 17 July 2020 and him leaving a friend’s flat in the early hours of the 18 July 2020, prior to being found by members of the public and the officers.

REFERRAL TO THE PIRC

Under the Police, Public Order and Criminal Justice (Scotland) Act 2006 (as amended) and the Police Investigations and Review Commissioner (Investigations Procedure, Serious Incidents and Specified Weapons) Regulations 2013, all incidents involving a death after police contact must be referred to the Police Investigations and Review Commissioner (PIRC) for independent assessment. In this regard on 19 July 2020 Police Scotland referred the incident to the PIRC

PIRC INVESTIGATION

The PIRC investigation focused on the police contact with the man until he was found deceased within his flat.

PIRC Investigators obtained witness statements from the police officers and they examined STORM Command and Control incident logs, Airwave communications, briefing papers and viewed private space CCTV.

PIRC FINDINGS

The investigation finds:

The man died within his home sometime between 1am and 2pm on 18 July 2020. The cause of death was as a result of consuming Buprenorphine and Flubromazolam, a designer drug.

• At 12.30am on 18 July 2020, police officers found the man asleep, under the influence of alcohol, in the street. On rousing him they found him to lucid, coherent and able to walk unaided.
• In the officers judgement, although the man was drunk, he was not incapable of taking care of himself. They escorted him the short distance to his home where he was left alone.
• CCTV evidence shows the man having a significant degree of incapacity although he was capable of walking unaided.
• It cannot be ascertained if the man consumed the drugs that led to his death prior to or after his contact with the police.
• Given that the man was able to communicate with the officers, provide his address and walk mostly unaided, the officers determined that he was not so inebriated to arrest him for being drunk and incapable. 
• In the circumstances the officers acted appropriately and the man’s subsequent death could not have been foreseen.

RECOMMENDATIONS

The Commissioner made no recommendations.

22 February 2021 | Investigations

PIRC Investigation: circumstances of serious road crash on A90 resulting in four people being injured

We are investigating the circumstances leading up to a serious road traffic crash on the A90, near St Madoes,
on Saturday 20 February 2021.

Our investigation will focus on the involvement of police officers pursuing a vehicle containing four occupants,
who were subsequently taken to Ninewells Hospital in Dundee for treatment.

Police Scotland referred this matter to the PIRC, as is standard in incidents of this type, and once our investigation is concluded, a report will be provided to the Chief Constable in due course.

15 February 2021 | Investigations

PIRC Investigation: death of 55-year-old man in Greenock on 10 February 2021

We have been directed by the Crown Office and Procurator Fiscal Service (COPFS) to investigate the death of a 55-year-old man, after he became unwell while in the custody of officers in Wellpark Public Park in Greenock, on Thursday 10 February 2021.

Once our investigation is concluded, a report with our findings will be submitted to the COPFS for consideration.

04 December 2020 | Investigations

PIRC Investigation: death of 25-year-old man following fatal road traffic crash in Ayrshire on 28 November 2020

“We are investigating the circumstances leading up to the death of a 25-year-old man following a road traffic crash near Maybole on 28 November 2020.

“Our investigation will examine the actions of police during their pursuit of the vehicle the man was travelling in.

“The matter was referred to us by the Crown Office and Procurator Fiscal Service (COPFS) and a report of our findings has been submitted to the COPFS for consideration.”