Chesterfield sergeant punched hooded and cuffed man - restrained by two other officers - in the face

Sergeant Lee Jones - who faces an allegation of gross misconduct - delivered the blow as the arrested man tried to kick him while being restrained.

A Derbyshire Constabulary misconduct hearing was told how on June 22, 2020, the detainee - anonymised as Mr A - was arrested under suspicion of punching his brother.

The “unnecessary” punch came at Chesterfield Police Station as the detainee - restrained on the floor - kicked Sergeant Jones.

Oliver Thorne, presenting the case against Sergeant Jones, said: “The officer stepped back and then stepped forward, delivering a punch to (Person A’s) face.”

He added: “The appropriate authority say in this case this is a significant breach - it involved a vulnerable, handcuffed and hooded detainee being punched to the face.

“There were at the very least alternatives to that action and it would be gross misconduct.”

Video footage played to the misconduct panel showed the man – diagnosed with ADHD and a “reduced learning age” - bent over at the custody desk moaning and crying incoherently saying he is in pain as he arrives with arresting officers.

Among repeated requests to “stand up straight” Sergeant Jones, 46, comments “we’ve all met (Person A) – he tries his hardest to make the process more difficult”.

Eventually the sergeant brings Mr A a chair – which he is placed on by officers.

However, he becomes more volatile – trying to hit one of the officers and bite another – and is arrested under suspicion of assaulting a police officer.

Sergeant Jones then orders that he be handcuffed and a spit hood is placed over his head.

As the sergeant walks around from behind the desk Person A tells him: “I want to bite your nose off” and kicks out - making contact with his leg.

The officer can then be seen stepping back before stepping back in and punching the detainee in the face, who is then led off to the cells.

Giving evidence, Sergeant Jones confirmed he joined Derbyshire Police in 2004 – having served in the Royal Electrical Mechanical Engineers in Kenya, Iraq and Kosovo previously.

The officer was promoted to sergeant in 2008, working mostly in Chesterfield – and taking on Inspector duties occasionally.

He started working as custody sergeant in 2018 and described the role by saying “the buck stops with you” and “you’re in a preventative mindset all day everyday”.

Sergeant Jones said Mr A was known to officers at the station as “off the scale violent and unpredictable” and that a mental health nurse had previously told him Mr A would put on a “deliberate act” and needed “firm boundaries”.

Speaking about the punch, Sergeant Jones stood up to demonstrate to the panel how he “jabbed” the detainee on the nose.

He told them: “There’s a realisation that the dialogue is over. I have responsibilities for the officers there and had to take control of the situation.

"I think my actions were within the sphere of police training – if you feel you’re going to be assaulted or need to get control, punch him on the nose.

"I’ve been taught that every year for 17 years.

“I delivered (the jab) with some measure of control and I think it achieved the aim I set out to do when I did it.”

When asked if he thought the punch was unnecessary the sergeant said: “When you’ve got someone as violent and unpredictable as (Mr A) you have to stop him.

"Policing is stopping people doing things – somewhere along the line we’ve lost the value of that.

"I don’t see how it’s unnecessary – I don’t see how it’s avoidable to be honest.”

When asked if he thought the punch was disproportionate Sergeant Jones said: “I think it’s proportionate to the threat of being kicked – I’ve just effectively given him something else to think about rather than assaulting us.”

Misconduct panel chair Jane Jones said the hearing focused on “force use” by Sergeant Jones in delivering a punch which was deemed “unnecessary and disproportionate”.

As well as an accusation in respect of use of force, Sergeant Jones is said to have breached standards relating to respect and courtesy. The hearing continues.

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