3 May 2022

Police justified in using force against teenager resisting arrest

4:19 pm on 3 May 2022

Christchurch police who slapped and punched a teenage boy in the head during his arrest and again in a patrol car were justified in using force, the Independent Police Conduct Authority has found.

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An officer hit the 17-year-old boy four to five times using "distraction strikes" when he fought and kicked during the violent arrest in November 2020, amid fears he had a weapon.

He was taken into custody after threatening to strangle his former 16-year-old partner, with whom he had a three-month-old baby, and breaching a protection order.

The same officer punched the teen in the head in a patrol car on the way to the station because he was hissing, spitting, biting and kicking police and making noises "like an angry cat or snake".

The boy's family complained he had been mistreated, but an IPCA report released today found the level of force used was proportionate and reasonable in the circumstances.

Three officers were involved in the arrest, which left the teen, known as "Mr Z", with minor abrasions and bruises to his face and body.

Police noted the teen had a history of violence, had previously been tasered and had threatened to stab the next officer he dealt with.

While the IPCA noted head strikes should be only used in extreme circumstances, the authority said the officer was justified in using them.

"We think the level of force officers used to restrain Mr Z, and to try to place him in handcuffs, was justified and reasonable given his level of resistance," the report said.

Once he was in the patrol car, the teen told police he was going to "f**k them up".

The policewoman driving the car was also kicked.

The report said the officer used a further eight to 10 "escalating distraction strikes" to his legs and body to no effect, so punched his head an unknown number of times "as a last resort".

The teen was displaying "abnormal strength and endurance, unlike any they had seen or experienced before. He did not stop moving, fighting, yelling, or kicking, and he did not tire", according to the three officers involved.

Five other officers got him out of the patrol car, which was badly damaged, and took him into the station where he was strip-searched and later examined by a police doctor.

The IPCA again found the officer's use of force after his arrest was reasonable and proportionate.

"We have viewed the medical records and are satisfied that the injuries Mr Z sustained were very minor," the report said.

"We believe the injuries were most likely a direct consequence of Mr Z's own actions while physically resisting police. None of the officers' accounts suggest Mr Z was mistreated in any way.

"Mr Z was uncooperative, aggressive and violent to an extreme. We believe the officers acted professionally and showed commendable restraint."

The boy was later charged with assaulting police.

Canterbury district commander superintendent John Price said the case demonstrated the kind of aggressive behaviour police faced every day.

"These officers demonstrated courage and restraint in dealing with a very serious family violence offender who had been ferocious toward his former partner, had previously threatened violence to police, and was determined and focused on resisting arrest," he said.