Pc faces dismissal following assault

A POLICEMAN who assaulted an innocent man while attending an attempted break-in has been handed a suspended sentence – and could face dismissal.

Pc Richard Smith, 49, handcuffed the suspect before yanking his arms up towards his shoulder blades.

The victim, in his 40s, was later released by police and no charges were brought.

Smith, of Stroud, Gloucestershire, was found guilty of common assault by beating when he appeared at Kidderminster Magistrates’ Court on Monday.

He was sentenced to eight weeks in prison, suspended for 12 months.

Following his sentence, he was also suspended from Gloucestershire Constabulary pending a misconduct hearing.

The court heard Smith attended an address in Dursley after a resident was woken by his dog barking at 5.48am on November 22 last year.

On reviewing his CCTV he saw a man had entered his back garden and later walked back out.

The resident then dialled 999 and Smith, who worked in the Stroud local policing team, attended with another officer and arrested a man aged in his 40s.

The man was handcuffed and later placed face down on the ground by the officers.

Bodycam video then shows Smith grabbing hold of the victim’s arm and the handcuffs and pushing his arms up towards his shoulder blades.

Smith claimed he used reasonable force to ensure the safety of himself and his colleague and to enable them to search the suspect.

But JPs ruled his actions were “neither reasonable or justified” and was therefore considered “unlawful”.

Following the hearing,

Assistant Chief Constable Rhiannon Kirk, of Gloucestershire Constabulary, said: “This incident will understandably be concerning for anyone to hear.

“Use of force must be justified and reasonable and it has been established in court today that on this occasion the officer’s actions were deemed unlawful.

“Pc Smith had been on restricted duties following the charge and has now been suspended pending misconduct proceedings.

“Due to the pending misconduct hearing we cannot comment on this case any further at this time.

“More broadly, we can reassure people that officers are given regular training so that they understand only to use force when it is necessary and how to use the approved techniques.”