Police Officer Acquitted in Training Assault Case

Chris Henley KC, leading James Lloyd and Silas Lee, secured the acquittal of a Sussex Police officer in a case raising issues of national importance concerning consent, criminal liability and the conduct of realistic police safety training. The CPS instructed a KC to present the prosecution case.

Officer JX was found not guilty of assault by beating following a two-day trial at Reading Magistrates’ Court arising from a Public and Personal Safety Training (“PPST”) exercise.

The allegation arose during a “fight in the street” scenario in which Officer JX was role-playing a resistant member of the public while other officers attempted to restrain him. It was accepted that he made a biting movement towards another officer’s forearm and that contact occurred, causing an area of reddening. The prosecution alleged that he had deliberately bitten her.

In a detailed reserved judgment, District Judge Pankhania considered the extent to which participants in realistic police training consent to physical contact and the risk of injury, and where conduct within that setting crosses the boundary into criminal violence.

The Court applied the reasoning in R v Barnes [2004] EWCA Crim 3246 by analogy. Although Barnes concerned sport, the Judge accepted that its principles were helpful in determining when conduct within a structured and consensual physical activity becomes criminal. In particular, conduct may be mistaken, excessive or contrary to the rules of the activity without necessarily crossing the criminal threshold.

The judgment may have wider significance for police forces and those responsible for PPST nationally. The Court recognised that PPST is a “low risk, not a no risk environment” and that participants necessarily consent to a degree of robust physical contact, active physical resistance and the risk of accidental injury inherent in properly conducted scenario training.

The judgment further emphasises that misconduct within an organised physical activity and criminality are not synonymous, and that the training context, the scope of consent and the defendant’s state of mind must each be considered separately before conduct arising during PPST can properly be characterised as a criminal assault.

Officer JX was accordingly acquitted.

Chris Henley KC led James Lloyd, first junior, and Silas Lee, second junior, for the defence.

Chris, James and Silas were instructed by Mark Riley of MJR Solicitors and the Sussex Police Federation.