The Following statement has been released by Wiltshire Constabulary in the name of Assistant Chief Constable Patrick Geenty following the decision of the Appeal Court to uphold the appeal of Sergeant mark Andrews for assault.

"The Appeal Hearing has heard evidence from a number of witnesses in connection with an incident within the custody suite at Melksham Police Station over 2 years ago which resulted in Pamela Somerville sustaining an injury to her face.

"We are very concerned when anyone is injured whilst in our custody. In this case the court has decided that the injury to Pamela was not as a result of any criminal assault by Sergeant Mark Andrews.

Mrs Sommerville had been found in her car suffering from the effects of alcohol and she refused a breath test. She was lawfully arrested for refusing the breath test and taken to the custody suite at Melksham where it is evident that she was very uncooperative, verbally abusive and disruptive to the processes which staff were required to carry out by law.

It is appropriate to remind the public that this incident was reported by another Police Officer who was concerned at what had taken place. The Officer found herself in a very difficult situation and, in spite of the decision today she rightly reported her concerns and performed her duty in accordance with the highest standards expected of a Police Officer.

The public will understand that the environment within custody centres can be very difficult with hostility, conflict and violence towards staff often occurring. Whilst these conditions can never excuse or condone any form of unacceptable behaviour by Police Officers or Police Staff, it is important to put this difficult job performed on behalf of the public and this isolated incident into context.

When dealing with prisoners who are non compliant or suffering from the effects of alcohol or drugs there is often a need within the law to use reasonable and proportionate force. Our staff have to make quick decisions there and then without the benefit of hindsight, but ultimately it is right that the judge of what is reasonable or unreasonable is for the courts and the decision today is that the force used was not unlawful.

During the two year period between when this incident occurred and the original trial of Sergeant Andrews, in excess of 30,000 people had been dealt with in custody centres in Wiltshire. During that period there were no other serious incidents of this nature and although there were a total of 13 complaints of assault, none were substantiated following thorough investigation.

As part of a wider national inspection programme the force has undergone four independent inspections, two by the National Police Improvement Agency, one in respect of mentally disordered offenders and one by Her Majesty’s Inspector of Constabulary and the Prisons Inspectorate. The latter inspection involved a total of 13 Inspectors arriving unannounced and spending four days with the Force. They carried out a thorough inspection in respect of ‘Dignity and Respect’ and produced a favourable report highlighting national best practice and concluding that interaction with detainees was ‘Respectful’.

Independent visitors are able to enter any part of any custody centre unannounced. They regularly do so and have unrestricted access. No issues have been raised concerning the treatment of detained people. Wiltshire Police has CCTV throughout its custody centres and this is being upgraded now to comply with new national standards.

The use of excessive force by any member of Wiltshire Police will not be tolerated and immediately following the guilty finding of the original court on 13th July 2010, Sergeant Andrews was suspended from duty.

Whilst respecting the decision of the court today in upholding the appeal of Sergeant Andrews the force has decided that it is appropriate for an independent force to hold an internal conduct hearing in early December which will examine the conduct of Sergeant Andrews in respect of his dealings with Pamela Somerville throughout this incident.

Due to the public interest and high profile nature of this case the result of that hearing will be made public. Sergeant Andrews will remain suspended from duty until the conduct hearing and in accordance with national Police Regulations he will continue to receive full pay for as long as he remains a member of the force.

Although this appeal hearing has concluded that no criminal offences had been committed we are determined to learn any lessons that emerge from this case and we welcome the fact that the Wiltshire Police Authority has commenced its own independent review of our custody practices. We will not shirk from our responsibility to continue to ensure that we provide a professional service to the public.