An investigation into the use of PAVA irritant spray on a man during a violent struggle in a north-east police cell was both “necessary and proportionate”.
The incident happened on November 16 last year at Fraserburgh Police Station.
The report by The Police Investigations and Review Commissioner (Pirc) states the man had been arrested in connection with an alleged assault on two members of the public.
As he was being detained, he “resisted violently and kicked an officer in the head”.
He was taken to Fraserburgh Police Station and while trying to put him into a cell, he again struggled violently and grabbed hold of a police officer’s body armour causing them both to fall over.
He refused to release his grip on the officer and another officer discharged PAVA into the man’s face.
The report states: “This had little or no effect and the officer sprayed the man again which resulted in him releasing his grip of the officer he had been holding on to. He was then secured in the cell. Police Scotland referred the incident to the PIRC on 19 November 2018.”
The man was charged with a number of offences and later convicted.
During the course of their investigation, Pirc investigators reviewed statements from police officers and staff, examined CCTV footage, body-worn camera footage and police documents.
Following the investigation, the commissioner concluded the “use of PAVA in the circumstances was proportionate, necessary and justified”.
