An IOPC investigation into the death of 42-year-old Shaun Aherne has concluded that the officers involved in the arrest and subsequent detention of Aherne used reasonable force during their encounter with him three days before he died in hospital.
On 7th January 2018, Ahern was arrested and taken to Chesterfield custody, where his detention was authorised. CCTV and body-worn camera footage showed that Ahern – who was in handcuffs – was aggressive to officers and custody staff when he arrived at Chesterfield Custody Suite.
Ahern had been arrested after officers were called to an address following reports of a domestic incident. There was a suggestion that Ahern had also been under the influence of drugs.
During the booking-in procedure, Ahern kicked one of the police officers. He was placed in leg restraints, and a spit guard was placed on him to prevent him from spitting on the police officers and custody staff.
Ahern also tried to self-harm, and officers used hand strikes to prevent him from hurting himself. At 14:08 hours, officers placed Ahern in the prone position on a mattress on the cell floor. Nine minutes later, officers returned to check Ahern’s welfare and found him unresponsive.
The officers gave first aid to Ahern whilst an ambulance was called to the location. It was unknown then, but Ahern suffered from significant ischemic heart disease. He went into cardiac arrest, which interrupted the supply of oxygen and blood to his brain, which in turn caused unsurvivable brain damage.
Ahern passed away three days later, on 10th January, whilst being treated in hospital.
The IOPCs investigation began following a mandatory referral from Derbyshire Constabulary and was completed in December 2018.
After a week-long inquest which ended at Chesterfield on Monday, 6 February 2023, the jury’s narrative conclusion found that Aherne died due to the physical and psychological stress of being restrained in police custody because he had significant ischemic heart disease.
The IOPC had earlier found a case to answer for misconduct for three custody sergeants for their apparent failure to set an appropriate care plan, precisely task officers to carry out CCTV monitoring of Mr Aherne in his cell, debrief the arresting officers, carry out intelligence checks and consider the risks associated with Aherne’s detention.
However, at a misconduct meeting organised by Derbyshire Constabulary in April 2019, allegations that the officers had breached police standards of professional behaviour for duties and responsibilities were not proven.
The IOPC did find a case to answer for misconduct for two custody detention officers over allegations that they had failed to properly establish their roles in respect of Aherne’s care. They were dealt with by way of management action rather than attending misconduct meetings.
During the IOPCs investigation, body-worn video footage from the officers present and CCTV footage from the custody suite were reviewed. Statements were also obtained from the officers, and the pathologist’s report and analysis from a use-of-force expert were also considered.
Following the conclusion of the IOPCs investigation, their findings were shared with Aherne’s family, Derbyshire Constabulary, and HM Coroner to assist with the inquest.
The jury concluded that police custody staff did not purposefully assess Aherne’s level of consciousness and vital signs before leaving him in the cell for nine minutes, adding: “It is believed that had they done so it is possible that his deteriorating condition would have been recognised, and it is possible that interventions could have been provided to avoid his death.”
IOPC Regional Director for the Midlands, Derrick Campbell, said:
“Our thoughts remain with Mr Aherne’s family and all of those affected following his tragic death.
“Officers have a duty of care towards those placed in their custody, and when someone dies either during or following detention, it is important that the circumstances are thoroughly and independently investigated.
“From the evidence we gathered we were satisfied that the force used by officers, was necessary, reasonable and proportionate but concluded there were potential failings in the way Mr Aherne was managed after he was placed in a cell.”
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