5th November 2015

The Independent Police Complaints Commission (IPCC) reported on 27 October 2015 that P.C. Richard Jordan who is based at Blacon Police Station faces an assault charge in relation to an allegation he used excessive force when arresting a 28 years old man during an incident in Northwich on 26 April 2015.

The IPCC independently investigated the incident and provided a file of evidence to the Crown Prosecution Service (CPS).  The CPS gave authority for the Cheshire Constabulary Officer to be summonsed to Court.  It is understood P.C. Jordan will make his first appearance at Manchester and Salford Magistrates Court on 6 November 2015.

Ben Hoare Bell Partner Richard Hardy comments:

It is unusual for Police Officers to face criminal charges of common assault because there is a 6 month time limit from the date of the incident for Court proceedings to be commenced against the Officer in the Criminal Courts.  It is very rare that a complaint investigation is concluded within the 6 month period.  This unfortunately means that a number of Officers who perhaps should face criminal proceedings do not.  It is refreshing to see the IPCC appear to have conducted a prompt and timely investigation allowing the time limit for the prosecution to be complied with.  Readers should note there is no time limit for the prosecution in the Criminal Courts of more serious assaults such as Actual Bodily Harm or Grievous Bodily Harm.

If a Police Officer has used excessive force against you please contact our Police Misconduct Department urgently.  It is often critical to preserve evidence e.g. take professional photographs of injuries such as bruising, handcuff marks, skin conditions as a result of CS Spray etc.  Often requests to the Police for CCTV of the incident to be preserved need to be made urgently.  Northumbria Police often preserve CCTV for a maximum of 28 days and Cleveland Police have been known to preserve CCTV for only 14 days before it is wiped indeed Cleveland Police have told us that preservation of CCTV footage from police cells in their area is only guaranteed for 7 days.