Police Officers are given special powers and privileges in order to keep the peace and enforce the law; with such power in many individuals, comes a natural increase in ego which can then turn into a very vicious circle – the exploitation of power by a Police Officer who thinks that his ego is being infringed or disrespected. This model of Police Officers abusing their power in order to satisfy their own ego is a common one in the cases I handle, and a perfect example of it is the case of my client Richard Perry, whose claim has just been settled by Essex Police.
One evening in May 2022 Richard and his friend (whom I will identify for the purposes of this blog as “Alan”) attended Alan’s flat in Chelmsford.
As Richard and Alan approached the communal entrance of the property, they saw four Essex Police Officers. Alan opened the door of the communal entrance and allowed the Officers to enter the building.
One of the Officers said that they were seeking entry into a top floor flat. Alan informed the Officers that there were two top floor flats and that he rented one (Flat 5) whilst a Surgeon and his wife rented the other one (Flat 4). In fact, Alan pointed out this couple (his neighbours) as they were also just arriving at the property. The Officer explained that they were responding to reports of a disturbance.
The Officers proceeded to the top floor hallway and began to knock on the door of Flat 4. Alan again pointed out to the Police that the tenants of Flat 4 – the Surgeon and his wife – were coming up the stairs behind them. The Surgeon arrived and asked what was going on. An Officer asked if the Surgeon lived in Flat 4, which he confirmed he did. The Surgeon opened his flat door and walked into the flat, at which PC Norfolk asked “Do you mind if we come in?” but then stepped into the property without waiting for an answer.
Richard, who had witnessed all of this, immediately challenged PC Norfolk for entering the flat without invitation. PC Norfolk asserted that the Surgeon had given permission, and that Richard should “Back off”.
As it was transparent that nothing untoward had occurred in the Surgeon’s flat, the Officers then began to query amongst themselves whether they were on the wrong floor and to make their way downstairs.
As they did so Richard commented “You’re dismissed, your dismissed, feel free to let yourself out.”
Richard then began to advise the Surgeon about his rights against Police intrusion into his property, which caused PC Norfolk to start to argue that they had a power to enter under Section 17 of PACE (Police and Criminal Evidence Act 1984). It was completely unnecessary for the Officer to engage in this debate, as he and his colleagues had apparently satisfied themselves that they no longer needed to enter the flat and were about to leave.
PC Norfolk then started to follow his colleagues down the stairs and Richard shouted after him “You guys aren’t above the law!”.
PC Norfolk was now halfway down the stairs, but hearing Richard he turned around and said, “Go inside because you’re really starting to agitate me.”
Richard moved to the top of the stairs as they were talking, to which PC Norfolk said “Don’t approach me like that otherwise you’ll get nicked.”
PC Norfolk then began to advance back up the stairs towards Richard, with PC Galloway following behind him. Richard queried what he could possibly get ‘nicked’ for, to which PC Norfolk replied, “For obstructing a Constable” and PC Galloway then pushed Richard in the chest.
Richard protested that he was not obstructing anything and asked the Officers to stop assaulting him.
However, PC Galloway continued to push Richard back with both hands across the landing and then attempted to grip Richard to pull him towards the front door of Flat 5, but in the process caused Richard to lose his balance and fall backwards.
One of the Officers said to Richard “You’re obstructing a Constable, move back”. PC Norfolk now said “We’ve had enough.” Richard responded, “You were going downstairs” and PC Norfolk replied, “Yeah, and you’re being an issue aren’t you?”
PC Galloway now dragged Richard up from the floor and pushed him against a wall shouting, “Get in your address and piss off.” Richard again protested “Stop assaulting me, no get off me” to which PC Galloway responded “You’ve had your warning, get in.”
When Richard asked what he meant both Officers replied, “Last chance” to which PC Norfolk added, “Do we need to count?”
Richard correctly pointed out that the Officers had no power to demand that he went into the flat to which PC Norfolk replied, “Right, you’re nicked.” When Richard asked what the reason for his arrest was, PC Norfolk replied, “Obstructing a Constable.”
The Officers now spun Richard around so that he was facing the wall; in the process Richard’s head hit the frame of a notice on the wall causing an injury to the left-hand side of his head. Even as Richard protested that he was not obstructing anyone and hadn’t done anything wrong he was handcuffed to the rear.
Richard’s friend Alan pointed out to the Officers that, as a result of their manhandling of Richard, Richard now had a laceration to his head which was bleeding.
Richard again asked why he was being arrested and was again told that it was for obstruction of a Police Constable, to which he quite rightly challenged PC Norfolk, pointing out, “But you were walking down the stairs, you came up to me.”
It was quite clear to me when I reviewed the evidence that Richard was not arrested for obstructing but rather for ‘disrespecting’ a Police Constable; the fact that the latter is not an offence sadly does not stop Officers arresting people for it, and that was exactly what was happening here.
The Officers then marched Richard down the stairs and Richard was aware that the cut to his forehead was bleeding heavily.
PC Norfolk asked his colleagues “Have you sorted out the other drama yet?” Richard was then taken outside, and again questioned as to why he had been arrested. To which PC Norfolk farcically maintained, “Obstructing a Constable in the lawful execution of his duty.” He then forced Richard up against the side of a Police car and held him there.
PC Norfolk then asserted that he and his colleagues had attended to an emergency call and that whilst doing so, Richard and Alan had been “Gobbing off and pulling us back and drawing our attention.”
Again, Richard disputed PC Norfolk’s version of events and said, “You approached me, you squared up to me.” PC Norfolk replied that as it was an emergency situation, Richard had been told to “Get back into your flat.” Again, Richard (correctly) asserted that PC Norfolk had no power to make such an order.
Richard asked the officer if he would release his grip and allow him to straighten up, rather than pressing him against the car. PC Norfolk agreed – but unnecessarily added “I just don’t want you headbutting me that’s all.” It is true that one of their heads was indeed bleeding at this point – but it wasn’t the officers.
PC Norfolk now put Richard into the rear of the police car and told him that either he could take him down to Chelmsford Police Station where “we can hold you up to 24 hours” or he could de-arrest him and do this “nice and amicably.”
Richard was adamant that he had done nothing wrong, but that if the officer wanted to take him into custody, “cool” and that in fact it was PC Norfolk who had a difficult decision to make not Richard.
His temper now having apparently simmered down, PC Norfolk announced that he had “better things to be doing”, that Richard was “no longer a threat” and accordingly, he was content to de-arrest Richard. Indeed, the officer did have better things to be doing, and he should have been doing them in the first place.
Richard was allowed out of his temporary prison in the Police car, and his handcuffs were removed. He now insisted on getting the collar numbers of all of the Officers present, so that he could lodge a complaint (and ensure the preservation of body camera footage, of course, which has a limited shelf- life in such circumstances).
After providing these details, PC Norfolk tried to turn on the charm by asking Richard if it was now “happy days” between them and offering him a “trip to the hospital – free of charge.”
Understandably, Richard declined this ‘kind’ offer and later attended hospital under his own steam to get his injuries checked out.
He subsequently instructed me to pursue a claim on his behalf against Essex Police, and after reviewing his instructions I swiftly presented a letter of claim to the Chief Constable.
The initial response of Essex Police was to insist that the claim be placed on hold pending the outcome of Richard’s complaint.
Whilst it was necessary to do so, I did not hold my breath as to the outcome of the complaint and advised Richard in these terms. Indeed, following investigation, DI Scrivener of the Defendant’s Professional Standards Department (PSD) prepared a report in which it was found that Richard and Alan had made it “more difficult” for Police to complete their duties such that the officers’ use of force was justified and proportionate and that as such the officers’ actions were “lawful, reasonable and justified”.
This was just the type of Police ‘whitewash’ response to a legitimate complaint which I had been expecting, and I had no hesitation in advising Richard not to worry about it and we would instead concentrate on pursuing his compensation claim all the way to Court if necessary. The ultimate facts of the settlement that would be achieved would resoundingly give the lie to any assertion that PC Norfolk and PC Galloway’s treatment of Richard was “lawful, reasonable and justified.”
Without admitting liability, Essex Police made an offer of settlement of £1,250 which I also had no hesitation in advising Richard to reject. His period of detention was no longer than 15 minutes, and thankfully his head injury had cleared up within a few weeks (albeit leaving a small scar above his eyebrow), but I felt there were significant aggravating factors here in terms of the Officers’ violent behaviour and mendacious manipulation of the law to arrest a person who, in the words of his friend, had merely “offended the wrong person.”
Richard had in fact committed no crime other than infringing the officer’s ego and PC Norfolk’s behaviour towards him had evidently been governed not by the laws of PACE but by the pulse of his own anger. The only people who were obstructing the proper exercise of Constables’ duties that day were PC Norfolk and his colleague, who, through their intemperate response had wasted their own time in assaulting, detaining – and injuring an innocent man.
After commencing Court proceedings on behalf of Richard, I eventually brought Essex Police to book with a settlement of £7,500 damages plus legal costs.
You can’t trust the Police complaint system, but you can trust me.
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