A police custody sergeant was never informed that using a thick webbing belt as a spit or bite guard during restraint could be fatal, an inquest into the death of a prisoner revealed. Thomas Orchard, a 32-year-old church caretaker who had paranoid schizophrenia, suffered a cardiac arrest and died seven days after being held down, handcuffed, and restrained with an emergency response belt (ERB) wrapped around his face. The inquest heard that the sergeant overseeing the custody suite was not taught about the potential dangers of using the belt in such a manner. The officer also stated that he was unaware of advice from two doctors who raised concerns about the use of the ERB. The case highlights the need for proper training and protocols surrounding the use of restraint equipment in police custody.
Mr. Orchard had been arrested in October 2012 in Exeter city center after behaving abusively toward members of the public while suffering from a mental health crisis. Upon arriving at the custody suite, the ERB was placed around his head as a precautionary measure against spitting and biting. After being searched and having the restraints and ERB removed, Mr. Orchard was left alone in a locked cell. It was during this time that he became unresponsive, remaining motionless for 12 minutes before custody staff re-entered and began CPR. Despite emergency services being called, Mr. Orchard passed away in the hospital a week later.
During the inquest, the custody sergeant, Jan Kingshott, was questioned about the training he received regarding the use of the ERB. He admitted that there was no specific instruction against using the belt while a person was being carried or in the prone position. Moreover, he stated that there was no mention of time limits or limitations on its use. The custody record also failed to document Mr. Orchard’s mental health issues, despite his condition being known. The sergeant emphasized that he did not know why Mr. Orchard was behaving the way he was and that all options were considered.
Sergeant Kingshott, along with civilian detention officers Simon Tansley and Michael Marsden, were acquitted of manslaughter by gross negligence in 2017. However, the office of the chief constable of Devon and Cornwall Police later pleaded guilty to breaches under the Health and Safety at Work Act. Yet, a judge ruled in the subsequent health and safety case that it couldn’t be determined whether the ERB played a role in Mr. Orchard’s death.
The ongoing inquest serves as a reminder of the importance of proper training and adequate protocols in police custody, especially when dealing with individuals with mental health issues. The use of restraint equipment should be approached with caution, and clear guidelines should be established to prevent any potential harm to detainees. It is crucial to strike a balance between ensuring the safety of both the individuals in custody and the officers involved while upholding human rights and preserving their dignity. The outcome of this inquest will likely have implications for the training and practices within the police force, with the aim of preventing similar incidents in the future.
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