This is what happens when you attempt to complain about the police
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Update 25 Sept. 2019:
Paul Ponting: POLICE Forcibly strip searched and beaten for arguing with the police
Yet another reason why you should never talk to the police.
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Thanks to Paul Ponting for permission to use the content provided:
https://www.youtube.com/watch?v=6Lv4T...
UK West Midlands Police staff speaks of the victim as though he is s--t!
https://www.youtube.com/channel/UCU0CblK8WaYEr0drHKzuV_A
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The blog of a police misconduct claims lawyer.
Why Paul Ponting’s Strip Search Was Wrong
You may have read in today’s papers (Daily Mail, Liverpool Echo) that my client, Paul Ponting, is suing Lancashire Police for compensation following his arrest and strip search in June 2014.
To strip an individual of their clothes following their arrest is one of the greatest invasions of privacy and bodily integrity that the State can perpetrate.
Here I explain the law about strip searches and how it affects Mr Ponting’s case.
(N.B. Paul Ponting has given his consent to publicity and agreed to me using details of his case here, which are based on his version of events.)
Arrest and Strip Search
At the time of his arrest Paul Ponting was a successful 42-year-old businessman and father-of-two. He owns computer shops and lives in Ormskirk, West Lancashire.In 2014 Paul told Lancashire Police that an ex-employee was harassing him via an online hate campaign. On the evening of 18 June 2014, two uniformed police officers visited Paul and his wife at home to tell them that the police would not be taking action against the ex-employee. Mr Ponting was upset about this and an argument developed. The police arrested him for a minor public order offence and an alleged (but in any event minor) assault against one of the officers.
Paul was taken to Skelmersdale Police Station. He was frightened and worried as he had never been arrested before and was unfamiliar with the process. What happened next is in dispute. Paul’s behaviour is variously described in the Custody Record (which is completed by the Custody Sergeant, not the Claimant) as “erratic” and “violent”. (The available CCTV footage would suggest otherwise.)
The Custody Record also says that Mr Ponting refused to engage in the Risk Assessment Process (whereby the arrested person provides details about their general health). As a result, the Custody Sergeant wrote that he should be stripped of his clothes. The Sergeant justified this decision by stating that it was not possible to determine if Paul had anything on him likely to cause harm to self or others.
Paul was taken to a police cell. There he was violently manhandled, assaulted, and forcibly stripped naked by FOUR police officers. You can see photographs and CCTV footage of his painful and degrading experience here.
Paul began to experience chest pains while in police custody. He was rushed to hospital where his injuries were recorded as “multiple bruises and superficial lacerations to the limbs and a swollen left lateral hand”. He was later bailed to return to the police station where he was eventually charged.
Mr Ponting was prosecuted all the way to trial. Thankfully he was acquitted of all charges at Ormskirk Magistrates Court in November 2014.
Paul’s experience at the police station was humiliating, degrading, and undignified. He contacted me for advice as I specialise in civil actions against the police. I am now helping him bring a compensation claim against Lancashire Police for wrongful arrest, false imprisonment, assault, and malicious prosecution.
The Law in Strip Search Cases
Searching detainees is understandably important: it protects the safety of arrested persons; reduces the risk of harm to police staff; and allows material to be seized that may be subject to legal proceedings. But in my experience, all too often an arrested person’s dignity is ignored and a strip search effected on the flimsiest of excuses.The rules about searches are rightly strict. The courts say that careful consideration should be given by custody staff before authorisation and execution of a strip search. (See Patricia Zelda Davies (by her litigation friend Zelda Davies v. Chief Constable of Merseyside Police and Just for Kids Law and Children’s Rights Alliance for England (Interveners), Court of Appeal [2015] EWCA Civ 11.)
And, as well as this clear guidance provided by the Court of Appeal, the police must consider:
- Section 54 of the Police and Criminal Evidence Act (1984) (“PACE”), which gives the police the power to search an arrested person on arrival at a police station
- the PACE Codes of Practice
- College of Policing guidance on control, restraint and searches.
1. The custody officer should decide the extent of the search and the subsequent retention of any article that the detainee has with them. Officers must document the decision-making process on the Custody Record and include:
- the reason for the search
- those present during the search
- those conducting the search and,
- a record of any items found or seized.
3. The search must be conducted with proper regard to the sensitivity and vulnerability of the arrested person and every reasonable effort must be made to secure the arrested person’s cooperation. Only if they do not consent may the officer(s) use reasonable force to carry out the search/removal of clothes (Section 117 of PACE).
Police Failures in Paul Ponting’s Case
Paul Ponting was rapidly taken from the police van on arrival at the police station, through to the Custody Desk, and then into a cell where he was forcibly stripped naked. This suggests that little or no consideration was given to Paul’s rights, or his dignity.And if Lancashire Police suggest that its officers were concerned for Paul’s wellbeing whilst in custody, I will argue that more consideration should have been given to alternative and less invasive measures. The College of Policing guidance states:
“Officers should not automatically see strip-searching individuals for their own protection as the best way to prevent them harming themselves.”
On the facts, the police’s conduct was unjustified. I do not understand why a normal “pat down” search of Paul’s person, without removing his clothes, could not have satisfied the officers that he was not carrying anything of potential danger. Furthermore, belts and socks, which could be used to self-harm, can be removed without requiring an individual to be stripped naked. There was simply no need for Lancashire Police officers to strip Mr Ponting of his clothes and his dignity. And to then prosecute him all the way to trial on bogus charges simply added insult to painful injury.
Mr Ponting is right to pursue his case, despite recent government efforts to make it harder for claimants to seek justice and hold police officers to account. By taking action against Lancashire Police he is shining a light on their poor practices, and, hopefully, encouraging the Force to change its approach to strip searches.
Contact me for help with your actions against the police via the online form below or my firm’s website.
source: https://iaingould.co.uk/2016/06/23/paul-ponting-strip-search-wrong/
The blog of a police misconduct claims lawyer.
Case Reports
Many of my clients say that the most important thing about winning their actions against the police claim is knowing that they were justified in pursuing their claim and/ or complaint.
Often they have never been in trouble with the police before and are shocked and disappointed by their treatment at the time of the incident and afterwards.
For this reason, some clients are keen to tell their stories to the press so that they, their friends, and family, can all put the matter to bed, and hopefully serve as a warning to others. They are also keen to let people know that help is out there. All of them have agreed to me using their details.
I will post some of the case reports relating to my clients’ actions against the police together with links to the news stories in the press here. Simply click on the links on this page or hover your cursor over the ‘Case Reports’ tab for links to the articles.
Suicidal schizophrenic compensated after police brutality
Stop the War campaigner compensated following police assault
Grandmother receives compensation following CS gas police assault
Cleveland Police punished at court for fabricating evidence
Bradford man wins compensation and apology after police operation failures
Police negligence deprives family of carer and car
Bumbling Police Arrest Son, Terrifying Mum
Metropolitan Police assault at gunpoint leads to substantial compensation
British Transport Police ordered to pay compensation after giving false evidence
Successful claim against the police after Crown Court appeal
Suing the Police results in £13,250 payment to defenceless student
Unlawful Arrest Compensation Paid after Assault by Security Guard
Claim Against the Police After an Armed Police Raid
50,000 Reasons to Sue the Police
Wiltshire Police pay £9000 compensation after Breach of the Peace Unlawful Arrest
Jury Finds West Midlands Police Officers Lied After Taser Assault
Dishonest Merseyside Police lose Drunk and Disorderly Case
How I Helped a Single Mother Sue the Police for £12,500
“Nightmare” Caused by Essex Police’s Reckless Decision
Often they have never been in trouble with the police before and are shocked and disappointed by their treatment at the time of the incident and afterwards.
For this reason, some clients are keen to tell their stories to the press so that they, their friends, and family, can all put the matter to bed, and hopefully serve as a warning to others. They are also keen to let people know that help is out there. All of them have agreed to me using their details.
I will post some of the case reports relating to my clients’ actions against the police together with links to the news stories in the press here. Simply click on the links on this page or hover your cursor over the ‘Case Reports’ tab for links to the articles.
Case Reports about Actions Against the Police Claims
Police tactics fail to prevent mentally ill man pursuing his claim in courtSuicidal schizophrenic compensated after police brutality
Stop the War campaigner compensated following police assault
Grandmother receives compensation following CS gas police assault
Cleveland Police punished at court for fabricating evidence
Bradford man wins compensation and apology after police operation failures
Police negligence deprives family of carer and car
Bumbling Police Arrest Son, Terrifying Mum
Metropolitan Police assault at gunpoint leads to substantial compensation
British Transport Police ordered to pay compensation after giving false evidence
Successful claim against the police after Crown Court appeal
Suing the Police results in £13,250 payment to defenceless student
Unlawful Arrest Compensation Paid after Assault by Security Guard
Claim Against the Police After an Armed Police Raid
50,000 Reasons to Sue the Police
Wiltshire Police pay £9000 compensation after Breach of the Peace Unlawful Arrest
Jury Finds West Midlands Police Officers Lied After Taser Assault
Dishonest Merseyside Police lose Drunk and Disorderly Case
How I Helped a Single Mother Sue the Police for £12,500
“Nightmare” Caused by Essex Police’s Reckless Decision
