Outcome of Misconduct Hearing

Date     
2 – 5 November 2020

Venue    
West Midlands Police Headquarters, Lloyd House, Colmore Circus Queensway, Birmingham 
B4 6NQ (Sat Nav B4 6AT)

Officers    
PC 2566 BOLTON
(FORMER OFFICER) PC 5345 SWARBRICK

Standards of Professional Behaviour breached    
Honesty & Integrity

Conduct that gave rise to breaches    
On 6 February 2016, PC Swarbrick and PC Bolton were on duty at a demonstration near Birmingham Airport Railway Station.  

During the demonstration a member of the public was arrested by PC Swarbrick for swearing and was subsequently charged with an offence under section 5(1) and (6) of the Public Order Act 1986.   

On 23 September 2016 the member of the public appeared before the Birmingham Magistrates’ Court for the said offence.  Prior to the hearing, their legal representative produced an audio recording from the demonstration which showed that they had not used the swear words which they were alleged to have used.  The prosecution was then discontinued.

It is alleged that PC Swarbrick intentionally included inaccurate information about the words used by the member of the public in their witness statement. 

It is alleged that PC Bolton intentionally included inaccurate information about the words used by the member of the public in their pocket notebook and witness statement.

Finding    
Not Proven

Legally Qualified Chair    
Nick Hawkins

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