THE Chief Constable of Devon and Cornwall Police, Shaun Sawyer, has admitted that there were failings in the standard of care given to former Crediton man Thomas Orchard who later died in hospital.

The decision is seen as an unprecedented step by a police force of admitting breaking health and safety law over the death of the church caretaker who collapsed in custody after a heavy webbing belt was held across his face.

Thomas Orchard (32), who had paranoid schizophrenia, died in hospital a week after he suffered a cardiac arrest at Heavitree Road police station in Exeter.

During his detention he was restrained and an Emergency Response Belt was placed across his face.

He was then left in a locked cell, where he lay apparently motionless for 12 minutes before custody staff re-entered and commenced CPR.

The force admitted the Health and Safety breach on the basis that there were failings on how officers were trained to use the emergency restraint belt.

It has not accepted that the belt led directly to Mr Orchard’s death.

In March 2017, a custody sergeant and two members of staff from Devon and Cornwall Police were acquitted of Mr Orchard’s manslaughter by gross negligence.

In April 2018, the Crown Prosecution Service announced it had charged the office of the Chief Constable of the force under the Health and Safety at Work Act 1974.

In a statement from Chief Constable Sawyer, issued today, Friday, October 19, he said: “From 2002 until 2012 Devon and Cornwall Police researched, procured and trained members of the organisation in the use of an emergency restraint belt.

“That piece of equipment was used during the restraint of Mr Thomas Orchard on October 3, 2012.

“Following his restraint and detention, Thomas became unconscious and a week later died.

“In the intervening six years, my thoughts have always been with Thomas, his family and friends who have lost a loved one. It is only today that I have been able to personally offer my deepest regret to all those individuals. 

“From the outset Devon and Cornwall Police has co-operated fully with the Independent Office for Police Conduct, the Health and Safety Executive and the Crown Prosecution Service.

“Throughout the last six years I have had the opportunity to review the totality of this matter and latterly, the evidence provided to me by the Crown Prosecution Service in pursuit of a single offence charge under the Health and Safety at Work Act 1974. 

“In respect of the use of the emergency restraint belt, it is my belief that the standards expected by Devon and Cornwall Police were not met between 2002 and 2012 and did not meet the legal threshold of the Health and Safety at Work Act 1974.

“In the spirt of candour and out of respect to the courts, the family of Thomas, the public and my workforce, I have decided, as the Corporate representative of the organisation, that it is only right to plead guilty on behalf of Devon and Cornwall Police to this charge. 

“However, legal matters remain outstanding in respect of whether this Health and Safety breach caused the death of Thomas. 

“We must respect this court process as the Judge is still to make a determination on this issue, and it is not for Devon and Cornwall Police to make a decision on such a critical matter. 

“This is an extremely complex matter and it remains to be determined by the court. It is therefore inappropriate for me to comment further at this juncture.”

The chief constable of Devon and Cornwall Police released the statement following the force’s guilty plea at Bristol Crown Court today, Friday, October 19. No individual person is being prosecuted.

Shaun Sawyer expressed his "deepest regret" to the victim’s family.

There will be a hearing in April 2019 when a judge will rule on whether the conduct led to Thomas’s death.

This is the first time that a police force has admitted breaching the Health and Safety at Work Act in connection with the death of a member of the public.

The April 2019 hearing, which is expected to last for three days, has been welcomed by Mr Orchard’s family.

Speaking outside court, Ken Orchard, his father, said: "For six years, Devon and Cornwall Police have consistently refused to accept any responsibility for Thomas’s needless and avoidable death.

"Having watched and listened to much evidence over the years, we are shocked and horrified that they are still denying that their failings contributed to his death.

"Whilst our family does not relish the prospect of yet another hearing, we are pleased that the defendant’s denial that its criminal conduct caused Thomas’s death will now be tested in open court.

"We will continue to fight for justice for Thomas and are committed to doing all we can to reduce the shameful frequency with which people with mental health difficulties die in police custody."

The April hearing will not look at whether or not restriction of breathing by the belt was a contributory factor of death.

It will include evidence of Mr Orchard’s restraint, including CCTV footage and witnesses.

Jason Beer QC, representing the office of the chief constable for Devon and Cornwall Police, told the court: "The principal issue between the parties is causation and there is a subsidiary issue of training."

Helen Stone, solicitor at Hickman and Rose, which represents Thomas Orchard’s family said: “Chief Constable Sawyer’s guilty plea on behalf of his office is welcome news.

“As far as we are aware, this is the first time a police force has admitted to a health and safety breach in connection with a death in police custody. It therefore opens up a new front in society’s fight against state wrongdoing.

“All police forces should now review how equipment is approved, reviewed, and trained for use to ensure not only that they comply with the law, but that no other members of the public are put at risk as Thomas was."

It is the first time a British police force has admitted to breaches under the Health and Safety at Work Act and is being seen as a landmark case by campaigners, who believe police forces and officers almost always escape justice after preventable deaths in custody.