DiffiCult DeCisiOns tO be maDe in heat Of the mOment

Submitting that the appeal should be allowed, Mark Aldred, defending, said PC Haines had to make some difficult decisions in the heat of the moment when placed in a “scary” situation with a violent drunk.

“We have seen the video where people are bubbling up like swells in the sea,” he said. “It was a Saturday. The clubs had just closed. The potential for disorder was high.

“There was pushing and shoving. A fight was in progress. He arrives to find a large group of people in various states of intoxication.

“He is on his own because his colleague is dealing with another group outside.

“He enters a confined space alone. He perceives Mr Taylor to be the root cause of the disturbance.

“He assessed him to be unpredictable and volatile. He feared further disorder might bubble up.”

He asked Mr Taylor to go outside to talk. Mr Taylor refused, claiming he had not done anything. The officer ordered him: “Get outside now.”

“He is entitled to prevent a breach of the peace,” said Mr Aldred.

“He wants to clear that hotbed of trouble. He has to act decisively and quickly.”

PC Haines made two strikes to fleshy parts of Mr Taylor’s body where there would be no lasting damage. Mr Taylor held on to the baton and the officer “delivers one controlled knee strike” to the groin.

It had the desired effect and Mr Taylor was then arrested.

Mr Aldred submitted PC Haines’s instinct and judgement was right.