Four police officers are facing prosecution
after a prisoner died in custody when a
restraining belt was fixed across his face.
Church caretaker Thomas Orchard, 32,
collapsed in a police cell after the belt was
fastened across his mouth to stop him
from 'spitting or biting' following his arrest
in October last year, it has been reported.
Mr Orchard, who suffered from
schizophrenia, was taken to hospital where
he was pronounced dead on October 10
after a week in a coma.
The Independent Police Complaints
Commission submitted a file of evidence to
the Crown Prosecution Service to consider
whether charges should be brought against
four officers from Devon and Cornwall
Constabulary, two members of the custody
staff and a nurse employed by a contractor.
According to a report in The Times, a
Government memorandum seen by the
newspaper has suggested an emergency
response belt was used on Mr Orchard to
stop him from 'spitting or biting'.
The IPCC has confirmed to MailOnline that
it looked at 'restraint techniques and
equipment used during Mr Orchard's arrest
and detention' as part of its investigation.
An IPCC spokesman said: 'The IPCC
investigation into the death of Thomas
Orchard led to a file of evidence submitted
to the Crown Prosecution Service and the
Health and Safety Executive.
'We are awaiting their decisions.
'The investigation has concluded and has
looked at CCTV footage; taken statements;
interviewed officers and custody staff; and
reviewed relevant policies and training.
'The investigation has also looked at
restraint techniques and any equipment
used during Mr Orchard 's arrest and
detention.'
Mr Orchard's family has told Channel 4
News they had concerns over the use of
emergency response belts.
His sister Jo said: 'We don't know how, or
why – fully – that it [the emergency
response belt] was applied.'
Mr Orchard was taken to Heavitree Road
Police Station (pictured) following his
arrest in Exeter in October last year
Mr Orchard was arrested in Exeter on
October 3 on suspicion of a public order
offences and taken by police van to
Heavitree Road Police Station at 11.10am.
Just over an hour later he was taken by
ambulance to the Royal Devon and Exeter
Hospital where he was placed in an
induced coma in intensive care.
He did not recover consciousness however
when his sedation was lifted and he was
pronounced dead on October 10.
After the IPCC handed over its file to the
CPS, Commissioner Rachel Cerfontyne said:
'This file of evidence concerns Mr Orchard's
time in custody and relates to two custody
detention staff, three police officers, one
custody sergeant and a nurse who is
employed by a contractor.
'It will be a matter for the Crown
Prosecution Service to determine whether
criminal charges will be brought against
any of those police staff involved in Mr
Orchard's detention on that day.'
Channel 4 News has reported Mr Orchard's
death was discussed at a meeting in
February of the Ministerial Board of Deaths
in Custody, which noted 'the company
which supplied the equipment [Emergency
Response Belt] had been training forces on
its use as a hood to prevent spitting and
biting'.
Minutes from the meeting also states:
'ACPO did not endorse its use as a spit/bite
hood'.
According to reports, police forces
nationwide have now been warned against
using the belts in this way.
The police force meanwhile has refused a
request by the IPCC for the staff involved in
the incident to be suspended.
A Devon and Cornwall Constabulary
spokesman said: 'Following this incident the
Force has assisted the IPCC where ever
possible in gathering information regarding
their enquiry.
'An assessment was carried out by the
Deputy Chief Constable and it was decided
the staff concerned remaining at work on
restricted duties would not impact or
prejudice the investigation in any way.
'It’s important to note that no-one has
been criminally charged in relation to Mr
Orchard’s death and this investigation
remains at an information gathering stage.
'The staff concerned have been moved to
temporary roles which do not have direct
contact with the public and are outside of
custody. This follows Home Office guidance
around the suspension of officers.
'We now await further advice from the IPCC
concerning any developments with
potential prosecutions.'
The force also said custody procedures 'are
constantly reviewed as is any equipment
used in the custody environment'.
after a prisoner died in custody when a
restraining belt was fixed across his face.
Church caretaker Thomas Orchard, 32,
collapsed in a police cell after the belt was
fastened across his mouth to stop him
from 'spitting or biting' following his arrest
in October last year, it has been reported.
Mr Orchard, who suffered from
schizophrenia, was taken to hospital where
he was pronounced dead on October 10
after a week in a coma.
The Independent Police Complaints
Commission submitted a file of evidence to
the Crown Prosecution Service to consider
whether charges should be brought against
four officers from Devon and Cornwall
Constabulary, two members of the custody
staff and a nurse employed by a contractor.
According to a report in The Times, a
Government memorandum seen by the
newspaper has suggested an emergency
response belt was used on Mr Orchard to
stop him from 'spitting or biting'.
The IPCC has confirmed to MailOnline that
it looked at 'restraint techniques and
equipment used during Mr Orchard's arrest
and detention' as part of its investigation.
An IPCC spokesman said: 'The IPCC
investigation into the death of Thomas
Orchard led to a file of evidence submitted
to the Crown Prosecution Service and the
Health and Safety Executive.
'We are awaiting their decisions.
'The investigation has concluded and has
looked at CCTV footage; taken statements;
interviewed officers and custody staff; and
reviewed relevant policies and training.
'The investigation has also looked at
restraint techniques and any equipment
used during Mr Orchard 's arrest and
detention.'
Mr Orchard's family has told Channel 4
News they had concerns over the use of
emergency response belts.
His sister Jo said: 'We don't know how, or
why – fully – that it [the emergency
response belt] was applied.'
Mr Orchard was taken to Heavitree Road
Police Station (pictured) following his
arrest in Exeter in October last year
Mr Orchard was arrested in Exeter on
October 3 on suspicion of a public order
offences and taken by police van to
Heavitree Road Police Station at 11.10am.
Just over an hour later he was taken by
ambulance to the Royal Devon and Exeter
Hospital where he was placed in an
induced coma in intensive care.
He did not recover consciousness however
when his sedation was lifted and he was
pronounced dead on October 10.
After the IPCC handed over its file to the
CPS, Commissioner Rachel Cerfontyne said:
'This file of evidence concerns Mr Orchard's
time in custody and relates to two custody
detention staff, three police officers, one
custody sergeant and a nurse who is
employed by a contractor.
'It will be a matter for the Crown
Prosecution Service to determine whether
criminal charges will be brought against
any of those police staff involved in Mr
Orchard's detention on that day.'
Channel 4 News has reported Mr Orchard's
death was discussed at a meeting in
February of the Ministerial Board of Deaths
in Custody, which noted 'the company
which supplied the equipment [Emergency
Response Belt] had been training forces on
its use as a hood to prevent spitting and
biting'.
Minutes from the meeting also states:
'ACPO did not endorse its use as a spit/bite
hood'.
According to reports, police forces
nationwide have now been warned against
using the belts in this way.
The police force meanwhile has refused a
request by the IPCC for the staff involved in
the incident to be suspended.
A Devon and Cornwall Constabulary
spokesman said: 'Following this incident the
Force has assisted the IPCC where ever
possible in gathering information regarding
their enquiry.
'An assessment was carried out by the
Deputy Chief Constable and it was decided
the staff concerned remaining at work on
restricted duties would not impact or
prejudice the investigation in any way.
'It’s important to note that no-one has
been criminally charged in relation to Mr
Orchard’s death and this investigation
remains at an information gathering stage.
'The staff concerned have been moved to
temporary roles which do not have direct
contact with the public and are outside of
custody. This follows Home Office guidance
around the suspension of officers.
'We now await further advice from the IPCC
concerning any developments with
potential prosecutions.'
The force also said custody procedures 'are
constantly reviewed as is any equipment
used in the custody environment'.
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