Police '˜justified' in using CS spray, Ombudsman finds

Police were justified in using CS spray against juveniles during a number of incidents across Northern Ireland, the Police Ombudsman has concluded.
Police Ombudsman Dr Michael MaguirePolice Ombudsman Dr Michael Maguire
Police Ombudsman Dr Michael Maguire

Between May 2015 and February 2016, the gas was used by officers at incidents in Ballymena, Londonderry and at a children’s home in Co Down.

All uses of the spray against those aged 18 or under are referred by the Chief Constable to the Police Ombudsman for independent investigation.

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The first incident took place in Ballymena in May last year, when a 17-year-old male tried to enter a house where police were recovering property after a reported burglary.

The officer who used the spray said the youth came towards him with his fists clenched and ignored warnings before being sprayed.

The spray was used again in Co Down in January, after police responded to a report of two male youths causing damage to a local children’s home.

Staff at the home told officers that the youths – aged 15 and 17 – had smashed an alarm system, broke glass in doors, destroyed furniture and flooded a corridor, before using a wardrobe to barricade themselves in a room with three female residents.

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An officer who attempted to enter the room, said a youth swiped at him with a metal bar, believed to be a table leg.

He said the youths were then told to put any weapons down and come out of the room, and were warned several times that CS spray would be used if they did not comply.

When this was ignored, an officer pushed his way into the room and used the spray, allowing officers to restrain the pair, before providing aftercare and taking them into custody.

Staff at the home confirmed the police account of the incident.

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CS spray was used for a third time Londonderry in February , as officers arrested a 17-year-old male who had been detained by a member of the public after breaking a shop window.

The officers involved said the youth became violent and screamed wildly when they tried to restrain him. They added that they were conscious that a crowd of youths had gathered nearby, and were concerned that if the situation continued, the crowd would attack.

The officer who used CS spray said its use allowed officers to restrain the youth and apply handcuffs.

Police Ombudsman Dr Michael Maguire noted that the officers who used the spray were all properly trained in its use, and concluded their actions had been lawful, necessary and proportionate.