Police justified in use of incapacitant spray in drugs search, report says

A police officer’s use of an incapacitant spray to subdue a man during a drugs search was justified, a watchdog has found.

An investigation by the Police Investigations and Review Commissioner (Pirc) concluded the 32-year-old had posed a danger to the officers trying to detain him and that the use of Pava spray was “proportionate”.

The findings relate to an incident in a Dundee car park on the evening of Thursday February 8 this year.

The man struggled violently with officers from Police Scotland, forcing one to use Pava irritant spray, a substance similar to pepper spray, to prevent him from escaping.

The force referred the incident to the Pirc the following week, standard procedure in such circumstances.

The watchdog examined the scene, obtained copies of statements and interviewed the arresting officers.

It also examined CCTV footage, computer records and radio broadcasts as part of its probe.

In its report, issued on Wednesday, the watchdog concluded: “The man’s actions posed a danger to the detaining officers and, in order to avoid him escaping their control and arrest, an officer discharged Pava at him.

“The use of Pava in the circumstances was proportionate and justified.”

The report made no recommendations.

A force spokeswoman said: “Police Scotland acknowledges the findings of the Pirc report.

“Officers were faced with a man acting in a violent manner and were justified in their actions whilst trying to detain him.

“This ultimately brought the incident to a safe conclusion.”

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