The Authority oversaw a Police criminal investigation into an incident where a man’s lung was punctured and ribs broken while being restrained by three Police officers in Auckland. The man was sought by Police in relation to burglaries and for breaching bail conditions, and Police believed he had recently stolen a truck.
One night in January 2024, the officers found the stolen truck on a street in Panmure. Two of the officers approached the man and told him he was under arrest. The man resisted arrest and was placed on the ground by the two officers. The man continued struggling with the officers and attempted to stand up by pushing up on his knees. One of the officers believed the man would either stand up and assault the officers or escape, so struck the man in the jaw or cheek with an open palm to distract him, then placed him in a ‘Shultz headlock’ to restrain him.
When the third officer arrived he misinterpreted the positions. He believed the man was holding the head locking officer down and that he may cause the officer to be seriously injured. He dropped his knee into the man’s side where he believed a main group of muscles to be. The officer used his body weight to press in, intending to create enough pain to force the man to release his grip on the other officer.
Police found the officers were justified in using force while placing the man in handcuffs and taking him to ground and restraining him, given the man was actively resisting arrest and was known to previously run from Police to evade arrest. Police also found the officer was justified in striking the man in the face. The strike distracted the man, enabling the officer to better position himself in order to control the man. Given the circumstances, we agree these uses of force were justified.
Police found the third officer was justified in using the knee strike in order to defend the other officer in accordance with section 48 of the Crimes Act 1961. We agree with this.
The officer used the headlock as an empty-hand tactic to control the man. Police found this to be reasonable and proportionate. We note that headlocks are not a tactic taught or approved by Police. The Authority has concerns around headlocks being employed as a tactical option except for in the most egregious of circumstances, given the level of risk they pose if incorrectly executed. We have advised Police that in our view, the use of the headlock in this incident was of concern.
IPCA:24-21260