28th April 2016

The Police Watchdog the Independent Police Complaints Commission (IPCC) announced on 14 April 2016 that they had referred a case to the Crown Prosecution Service to consider charges over the actions of five Sussex Police Officers following an investigation into events prior to the death of Duncan Tomlin in July 2014.

In brief five Officers attended an incident following a call from a member of the public.  Two Officers approached Mr Tomlin and in due course restrained him and placed him in a Police van with three Officers where he became unresponsive.

Mr Tomlin was removed from the van.  He was not breathing.  CPR was performed and he was transferred by Ambulance to a nearby Hospital where he died 2 days later.

The IPCC have identified there may be a case to answer for gross misconduct against the five Officers as well as the possible criminal charges which may be pursued by the CPS.

Following an investigation into possible Police misconduct a referral may be made to the CPS if there is an indication a criminal charge may have been committed.  This does not mean criminal charges will follow.  The CPS decide whether charges should be brought based on the tests set out in the Code for Crown Prosecutors.

Blog by Richard Hardy, Partner and Head of the Police Misconduct Department