Misconduct outcome for PS 1101 Mathew Baldwin

Summary 

It is alleged that the conduct of the officer breached the Standards of Professional Behaviour as follows:

Allegations

Allegations from Regulation 30 Notice

1. During the evening of Friday 1st December 2023 you and other officers were off-duty and attending a Christmas social event at the Black Sheep Brewery in Masham.

2. You and your colleagues had been consuming alcohol during the evening and by the time the following events took place you were intoxicated.

3. Around 2300 hours an incident occurred in the venue when a male member of the public (‘the male’) touched the skirt of one of your female colleagues. An allegation of sexual assault was made that led to the police being called and ultimately PC Brogden attending and arresting the male.

4. From the point of being informed of the alleged assault you behaved in a drunken, threatening, abusive, unprofessional and/or inappropriate manner in any or all of the following ways:

a. When you learnt of the allegation you aggressively approached the male suspect and called him a “pervert” whilst holding a glass in your hand;

b. When PC McVay tried to move you away from the male you told him to “get the fuck off me”;

c. At one point you took hold of the male and pulled him back towards the bar, causing him to fall to the floor;

d. You shouted at PC Ferguson, telling her you were the senior officer and saying that you were giving her a ‘lawful order’ to separate the male from his wife;

e. When PC Brogden arrived he took the male suspect upstairs to a more private location to speak to him. You then went up the stairs, ignoring a number of colleagues who were trying to prevent you from doing so;

f. When upstairs you approached PC Brogden and the male, aggravating the situation and making the male’s wife upset. PC Brogden asked you to go back downstairs, but you refused;

g. You then told PC Brogden that you were putting yourself on duty and purported to give PC Brogden a ‘lawful order’ to arrest the male;

h. When PC Brogden tried to explain that he was dealing with the situation and he would make the decisions you did not accept this and refused to go back downstairs;

i. After the male had been arrested and placed in the police van you then physically prevented PC Brogden from speaking to the male’s wife, telling PC Brogden to “just go now” and pointing your finger in his face;

j. You then took hold of the male’s wife and assaulted her by pushing her back towards a hedge;

k. When PC Brogden tried to intervene to stop you assaulting the male’s wife you said “I’m giving you a lawful order, just go”;

l. You then pushed PC Brogden towards the police vehicle, telling him to “go”; and

m. When other officers intervened and moved you away you confronted PC Stimpson with your fists clenched, telling him to “fuck off”.

5. By your actions you obstructed PC Brogden and made his job more difficult.

6. Your behaviour breached the following Standards of Professional Behaviour:

i. Authority, Respect and Courtesy – You breached this Standard by failing to act with self-control; telling the male he was a ‘pervert’; swearing at your colleagues; and by using inappropriate and unnecessary force on the male, the male’s wife and PC Brogden.

ii. Orders and Instructions – You breached this Standard by purporting to give other officers orders whilst intoxicated.

iii. Fitness for duty – You breached this Standard by purporting to put yourself on duty whilst intoxicated and unfit for duty.

iv. Discreditable Conduct – You breached this Standard by behaving in a threatening, abusive and/or inappropriate manner towards members of the public and your off duty and on duty colleagues, in particular by swearing, using inappropriate force and abusing your authority.

7. Taken together your breaches of the Standards of Professional Behaviour were so serious that they amount to gross misconduct.

Outcome

Dismissal without notice and placed on the College of Policing Barred list