At approximately 1:55 am on 10 March 2021 Mohammed, an 18-year-old university student, was in his car with a friend, having recently finished work. A North Wales Police car containing PC Richards and PC Yang pulled up nearby. Thinking nothing of it, Mohammed and his friend got out of the car to walk home; the officers then approached the two lads and asked to speak to them.
Unexpectedly, Mohammed’s friend ran away from the officers. Mohammed was surprised by his friend’s reaction but chose not to act similarly; he simply refused to engage with the officers and began to walk away. He was followed by PC Richards, whom he asked not to touch him. Mohammed knew that the law of England and Wales does not require a citizen to simply ‘account’ for themselves to an officer on demand, nor to answer the officer’s questions, if they are not being lawfully detained for either the purposes of a justified search, or on suspicion of an offence.
PC Yang then suddenly rushed forwards and took hold of Mohammed’s arms shouting, “Give me your fucking hands!” before putting his arm around the back of Mohammed’s neck and pulling his head forwards. As this occurred, PC Yang’s elbow connected with Mohammed’s face. PC Yang then grabbed Mohammed’s coat and partly pulled it over his head.
Mohammed was understandably distressed by this abrupt and unnecessary use of force. He repeatedly shouted for the officers to get off him and asked what he had done, however PC Richards only told him that he was “Being searched”. My client remonstrated with PC Yang for hitting him in the face and for not wearing a mask (given the high prevalence of Covid cases at the time). With the assistance of PC Richards, PC Yang handcuffed Mohammed to the rear and then searched him; nothing illicit was found. As the search was occurring, other Police officers arrived, and PC Yang threatened to use further force and take Mohammed to the ground.
PC Yang then decided to subject Mohammed to a drug swab and a breathalyser test and attempted to force him into the rear of the police car. Mohammed refused to enter the car but said that he was willing to take the tests outside. PC Yang then arrested Mohammed for “resisting” and forced him into the rear of the car. My client again questioned why he had been stopped and assaulted and it was only at this point that PC Yang announced that he had detained and searched Mohammed under Section 23 of the Misuse of Drugs Act 1971.
The breathalyser test was negative and whilst awaiting the results of the drug swab, Mohammed’s father attended the scene. The drugs swab was also negative, although PC Yang commented that “Surprisingly you’ve passed that test … because from the look from your eyes you look stoned”. This accusation was entirely false – Mohammed had not taken any drugs, as borne out by the battery of tests he had been subjected to by the Police. PC Yang then de-arrested my client but informed him that he would be reported for obstructing a police officer and cautioned him.
Mohammed was subsequently prosecuted for allegedly obstructing PC Yang in the execution of his duty; however, on 5 May the CPS discontinued the prosecution.
I subsequently brought a claim against North Wales Police on behalf of Mohammed which was settled out of Court for the sum of £7,500 damages plus legal costs.
All names changed.
Also read: Police Misuse of Stop & Search Powers: A Vicious Circle
