A MAN was left to suffer in pain for eight hours in police custody after his kneecap was broken during his arrest.
The 41-year-old struggled with officers as they arrested him at Falkirk Police Station and had his legs "swept from under him", causing him to fall on to his left kneecap.
He was then left in a cell without treatment overnight despite custody officers being told at least 20 times that he was injured.
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The Police Investigations and Review Commissioner (Pirc) has now found that the custody officers involved failed to take appropriate action.
The Pirc report also found that a lack of CCTV footage of the man's arrest and "inconsistencies" in police statements meant it could not confirm "if the level of force used by the arresting officer was proportionate or justified".
The man, who suffers from a brain injury, had been involved in an incident at a pub in Falkirk town centre on April 28 last year and went to the police station at 8.45pm to report that he had been assaulted.
However, once there, two officers who had been investigating the incident took the decision to arrest him.
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The Pirc Report states: "At this point, the man began to struggle with the officers but was taken to the ground by one of the officers who took hold of his arm and swept his legs away. This resulted in the man sustaining a fracture to his knee.
"As there was no CCTV footage of the entire incident and there are inconsistencies in the police witness statements, together with the fact that the man himself cannot provide a clear recollection of events, it cannot be confirmed if the level of force used by the arresting officer was proportionate or justified.
"The officers lifted the man to his feet and as he was now limping, supported his body weight as they escorted him to the custody suite.
"On at least 20 occasions over an eight hour period, whilst the man was in custody, police custody staff were made aware by the arresting officer and the man himself, that he had sustained an injury to his leg."
The man received no treatment until around 5.30am the next morning when he was examined by a custody nurse and prescribed paracetamol and ibuprofen.
When he was later released from police custody, he went to hospital where he was treated for a fractured knee cap.
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The Pirc found that the man's repeated complaints were not accurately recorded in his custody record and sergeants failed to create an incident report as required by Police Scotland's own standard operating procedures.
The commissioner made a number of recommendations, including that the custody officers involved be reminded that anyone in custody suffering from an injury should be examined as quickly as possible.
They should also be reminded of the need to accurately maintain custody records, including recording any injuries.
Police Scotland said it accepted the Pirc's findings and will respond to the recommendations.
Superintendent Phil Davison said: "Thousands of people come in to contact with Police Scotland through our custody centres every year and our officers and staff are committed to providing the highest level of care to everyone who is detained.
“To enhance that care, Police Scotland continues to develop and expand its work with partners to increase the provision of on-site healthcare services and ensure people in detention can access the support they may require at a time when they are most in need.
“Officers have been reminded of the importance of accurate record keeping.”
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