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Saturday, 21 May 2022

"Part and Parcel" of a Police Officer's Job

Having done this for a while, I think most readers will appreciate that I try to keep things as non-contentious, non-critical and balanced as I possibly can.

However, I have just been alerted to a comment made by the Presiding Justice during a recent case at Isle of Wight Magistrates' Court, which I consider pretty poorly-judged and inappropriate.

Luke Henderson, 40, of West Hill Road, Ryde, admitted assaulting an emergency worker when he appeared at Isle of Wight Magistrates' Court earlier this week.

Police attended Henderson's previous address when he contacted the ambulance service to report that he had a knife and had been stabbed by someone else. He also added the chilling warning that he wanted the police to attend, because he intended to cause them harm.

When officers arrived they found Henderson lying on the sofa with a kitchen knife nearby. The property was strewn with prescription medication.

One officer retrieved the knife, but an increasingly irate Henderson tried to snatch it back. A scuffle ensued and Henderson was restrained on the floor by PC Scanlan. Henderson then turned his head and spat at the officer, resulting in a glob of spittle landing on PC Scanlan's thigh.

Addressing the court in a victim personal statement, PC Scanlan said: "I am appalled by the actions and behaviour of Henderson during this incident.

"Not only has he acted in an abusive and aggressive manner towards me and my colleagues - there to offer him support and safeguarding - he intentionally spat at me."

Ann Smout, prosecuting, added: "As the spittle landed on the leg, and not on the face, I cannot argue there was any disease transmission.

"It was quite clear when police attended his home, he appeared to be having some kind of mental health episode."

Jim Osborne, mitigating for Henderson, said: "He suffers severe mental health issues, hence why all the tablets were strewn across the floor.

"He said he is ashamed of himself for his actions. As his mother's sole carer, he gave up alcohol in December."

Henderson was fined £120 and ordered to pay £85 towards prosecution costs and £32 surcharge.

In cases like this, where there is any sort of physical/mental injury, distress or loss to a party, the court must always consider the award of compensation. If the prosecution makes a specific application for compensation, as appears to be the case here, then the court must clearly announce its reasons for deciding not to award any.

Now for the comment in question.

During sentencing, the Presiding Justice said: "There is no compensation to pay. Although you caused the officer distress, it is part and parcel of the job, to an extent."

It is not always appropriate to award compensation. It may not have been appropriate, given the full circumstances, to award compensation in this case, but the reasons given by the Presiding Justice were poorly chosen and open to misinterpretation.

I can understand people reading those comments and thinking "so the Magistrates think it is part of the job for police officers to be spat at and assaulted?"

That is certainly not the case. No police officer should expect to be spat at or otherwise assaulted during the exercise of their duties. Such behaviour is abhorrent and utterly unacceptable. Spitting at anyone is a disgusting and degrading act - even more so when everyone's thoughts are turned to the coronavirus pandemic.

But mental illness can have a devastating effect on the behaviour of even the most mild-mannered and law-abiding of people, as I know from experience very close to home.

I think a safer tone would have been for the Presiding Justice to acknowledge that it was an unpleasant action towards PC Scanlan, but due to the agreed mental health problems of the defendant the award of compensation would be inappropriate.

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