'Shambles': Misconduct hearing collapses against 6 officers over detention of Luton man Leon Briggs

The chairman of the hearing panel has also called upon the Independent Office of Police Complaints (IOPC) to review its "failed" investigation against Beds Police.

Six officers were initially due to be subject to the hearing to decide matters relating to Use of Force and Duties & Responsibilities as directed by the Independent Office for Police Conduct (IOPC).

However, following concerns raised by Bedfordshire Police, the IOPC abandoned its direction for the proceedings last night (Thursday) and the hearing concluded today (Friday) with the panel dropping all charges against the officers.

Legally Qualified Chair Peter Nicholls finalised proceedings by saying he hoped a review would be conducted of the IOPC investigation to ensure the "delays, issues around disclosure and lack of transparency would be avoided in future".

Assistant Chief Constable of Beds Police, Jackie Sebire said: “Firstly, our thoughts are with the family and friends of Leon Briggs who will understandably be upset and frustrated by this outcome.

“Our thoughts too are with the officers involved in this matter who have been living with uncertainty since Mr Briggs’ death on November 4, 2013.

"We became aware during the initial legal arguments of failings in the [IOPC] investigation which called into question the proportionality, fairness and the public interest in continuing with this hearing.

"Those concerns, coupled with the likelihood of yet further delay to proceedings, which have already gone on for an unacceptable length of time, meant we were left with little option but to ask the IOPC to review its decision over directing the hearing.

“We must be mindful that there is still an inquest due to be held, however it is important to stress that none of the officers involved in this hearing were accused of causing or contributing towards Mr Briggs’ death."

Mr Briggs was detained in Luton on the afternoon of November 4, 2013, and taken to Luton Police Station where he fell ill. He was subsequently taken to Luton & Dunstable Hospital where he was pronounced dead a short while later.

An independent investigation was carried out by the IOPC and a file was submitted to the Crown Prosecution Service which decided against any criminal charges in 2018.

The misconduct hearing was due to start on February 3, but has been subject to legal arguments. As a result, the case against one of the officers was discontinued last week.

Earlier this week, Bedfordshire Police requested the IOPC review its direction over the hearing after raising a number of concerns about the IOPC investigation including disclosure of relevant material and the length of time it had taken.

The IOPC, while not agreeing with all of the points laid out by the force, yesterday (Thursday) decided to remove its direction to Bedfordshire Police to pursue these proceedings.

An IOPC spokesperson said: “Leon Briggs was 39 and experiencing a mental health crisis when he died in police custody in Luton in November 2013.

“Leon Briggs’ family have waited many years for the actions of the police officers involved to be scrutinised in public.

“The last minute actions of Bedfordshire Police and the most recent delays mean that his family have been denied that right.

“Bedfordshire Police’s announcement earlier this week that it would offer no evidence to its disciplinary panel means that the hearing had no prospect of proceeding.

“As a responsible public authority confronted with these circumstances, we have regrettably and reluctantly agreed to withdraw our directions to Bedfordshire Police.

“Our decision to withdraw did not end these misconduct proceedings - that was the decision of Bedfordshire Police to offer no evidence to its panel.

“To ensure public confidence in policing, transparency and accountability, we have always been of the view that the evidence should be put before a Bedfordshire Police disciplinary panel. We will continue to work with the Coroner to provide any evidence we have to the forthcoming inquest.

“New legislation which came into effect on 1 February means the IOPC will have more control over these cases in the future.”

Bedfordshire Police and Crime Commissioner (PCC) Kathryn Holloway said: “I can only begin to imagine the significant disappointment and additional anxiety for Leon Briggs’ family given today’s events.

"I am also frustrated that those involved in the hearing did not have the opportunity to give their explanation of what happened. This outcome is not at all what either Bedfordshire Police or I were seeking - or welcome.

“All parties in this unacceptably extended process deserve justice. I have been informed that, during the proceedings, it became clear that there had been failures to disclose all information to the subjects.

"These include an internal review within the IPCC (of 7 August 2014) which was heavily critical of failings within the original investigation.

"Cumulatively, this meant any findings against the officers were highly unlikely and continuing with the hearing could only put Mr Briggs’ family through even more anguish. I, therefore, support the police’s Chief Officer team in a position which had become unavoidable.

"The chairman of the hearing also made it absolutely clear today that the blame for the collapse of these proceedings lies with the Independent Office for Police Conduct, and not Bedfordshire Police."

Jim Mallen, Chairman of Bedfordshire Police Federation, said: “This has been a long, arduous, stressful and draining process for all concerned. Justice delayed is justice denied.

“The outcome of the hearing – while welcome - comes as no surprise and means our colleagues can finally get on with their careers and lives, having been investigated over this incident for approaching seven years.

“Police officers are out there every day fulfilling a difficult and challenging role on behalf of society. Officers have no issue with being held accountable for their actions – we are the most accountable of public services. But how can it be just or justified that, following a tragic incident, you have your lives put on hold for so long?”

“Six colleagues were suspended from duty for more than five years as part of this process. A cloud has unfairly been hanging over them since 2013. This has changed their lives, their family’s lives and the officers’ careers immeasurably.

"The IOPC has serious questions to answer about their handling of this case and the competency – or frankly lack of it – displayed throughout their investigation. At times it has been a shambles.

“More than £1m of public money has been spent on these officers’ pay while they were suspended – all they wanted was to be out there doing what they loved doing. Not to mention the soaring cost of the protracted investigations and legal proceedings and hearings.

"The public will rightly be outraged at the cost of all this to the tax payer."