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Officer handed suspended sentence following assault conviction - Derby



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A British Transport Police officer has today (10/06) been sentenced after he was found guilty of common assault in connection to an incident at Derby station in May 2018.  

PC Andrew Spiby denied a charge of common assault, which was brought following an investigation by the Independent Office for Police Conduct (IOPC). PC Spiby is based at Derby station.  The case related to an incident at Derby station in May 2018, during which a man was detained and arrested. During the arrest incapacitant spray and a Taser device was used. 
Following a trial at Birmingham Magistrates’ Court, the officer was found guilty of assault and has been handed a sixteen week prison sentence suspended for one year and ordered to undertake 120 hours of unpaid work. He must also pay £500 compensation to the victim, £775 court costs and a £115 victim surcharge. 

Deputy Chief Constable Adrian Hanstock, said: “It is disheartening that a serving officer has been convicted of a criminal offence when carrying out their duties and we will of course review this court finding and the outcome of any subsequent appeal the officer makes. Using force during an arrest is undoubtedly a difficult decision for officers and there are numerous factors that can influence this. On this occasion however an officer‘s actions have been scrutinised in court and judged to have been unreasonable and the force will now have to consider the officers’ motivation and the objective implications of this.” 

A second BTP officer (PC John Severns based at Nottingham station) was also charged with assault, however his case was dismissed. 

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