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Federation statement: PC Andrew Spiby and the IOPC

25 Jan, 2020

British Transport
Police Federation
Jan 25, 2020

Federation statement:
PC Andrew Spiby and the IOPC


The Chair of BTP Federation has criticised the Independent Office for Police Conduct after a gross misconduct case against a police officer, whose conviction for common assault was overturned, ended with no further action being taken against him.

On 28 May 2018 two men were arrested at Derby train station after PC Andrew Spiby and a colleague were called to reports of a disturbance involving a group of people on one of the station platforms. PC Spiby deployed a Taser on one of the men, who also had incapacitant spray used on him twice by his colleague.

Following an investigation by the Independent Office for Police Conduct, the Crown Prosecution Service authorised a charge of common assault against PC Spiby; a charge the officer denied.

Following a two day trial in April 2019, PC Spiby was convicted of common assault.

The officer subsequently sought leave to appeal against conviction. The application was granted and following a hearing at Birmingham Crown Court on Thursday 7 November PC Spiby's conviction was overturned.

A report from the investigation carried out by the Independent Office for Police Conduct found a case to answer for gross misconduct against PC Spiby. This was again challenged; however, a misconduct meeting was held by British Transport Police on Tuesday 5 January 2021. The force concluded no further action would be taken.

Nigel Goodband, Chair of BTP Federation, welcomed the outcome of the misconduct case and thanked Reynolds Dawson Solicitors for their support and assistance.

He said: "The last two-and-a-half years have been extremely stressful and worrying for PC Spiby and his family. Throughout the case, he has been professional and compliant, while remaining dedicated to his frontline duties.

"PC Spiby is an experienced officer and we hope he can put this incident behind him, but we know it isn't always that easy. He has been supported by BTP Federation all through this long and drawn out process and can be assured of our continued support."

"We fully appreciate the need for matters to be investigated, but for the IOPC to compel BTP to hold a misconduct process in a case which had already been overturned by the courts illustrates all that is wrong with their procedures.

"The IOPC talks about reviewing and improving its practices and indeed Michael Lockwood [director general of the IOPC] spoke of exactly this when I met with him last. The reality of the situation is that officers continue to be left in limbo while the IOPC doggedly pursue threadbare cases against them.

"This case demonstrates the risks police officers face day in day out. They are required to make split-second decisions - decisions that can save lives and protect others - but these decisions are then judged from the luxury of an armchair and not in the midst or context of a violent confrontation.

"To judge this case from the outset as criminal matter and for it to result in no further action, clearly questions the original assessment by the investigators.

"I have raised my concerns directly with the IPOC."