The Independent Police Conduct Authority has found that the force used by a Police dog handler, including a kick to the head, was justified in apprehending a suspected fleeing burglar on 20 September 2023.
Police received a 111 call from a resident at an address in Hastings saying an unknown man was inside their house and refusing to leave. The attending officers located the man on the street and arrested him. The man was known to the dog handler, who also knew that he was reported to have carried weapons and was of no fixed abode. As the man fled, the handler deployed his Police dog to apprehend him, following which a violent struggle ensued.
The man wrestled the dog from his leg and held it by the jaw with both hands. After unsuccessful attempts by the handler and a second officer to break the man's grip, the handler resorted to punching the man to the head, whereupon he released the dog. The man then moved an arm to his waistline, which led the handler to think the man was reaching for a weapon. The officers struggled to gain control of the man, who was overpowering them. As the second officer maintained hold of one of the man's arm, the handler used the dog to bite the man's other elbow. The man reacted by head locking the dog and throwing the handler off him. At this point the handler believed that he saw a knife tucked in the man's waistband. Fearing the man would get hold of the knife, the dog handler kicked the man in the head. A third officer then arrived to assist with handcuffing the man, who still fought to get to his feet. The handler used the dog to bite the man's leg, which finally allowed the officers to restrain him. The officers then gave the man aftercare before transporting him to hospital.
The Authority found the dog handler was justified in using the dog to apprehend the man and in the force he used to overcome the man's resistance to being arrested, including the punches and the kick to the head. The officers' aftercare administered to the man was also adequate.
The Authority's view is that in all but extreme cases a kick to the head will be an unjustified use of force given the risks involved. However, in this case, the dog handler, seeing the knife, and reacting to the perceived risk to himself, the other officer and the Police dog in an uncontrolled situation, the Authority was prepared to accept that the kick to the head was justified.
