Police force fined after shooting of civilian staff member

Date:

24 September 2009

Release No:

COI/SE/1809

The Health and Safety Executive (HSE) is issuing a stark reminder to employers that a risk assessment with no follow up action does not stop serious injuries in the workplace. The call comes after the sentencing today (24 September) of Thames Valley Police (TVP) and PC David Micklethwaite at Southwark Crown Court following the shooting of a civilian call-taker.

Following a hearing on 23 July 2009 at Southwark Crown Court where the police force pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act etc 1974(HSWA). Today, Thames Valley Police was fined £40,000 and was ordered to pay costs of £25,000.

PC David Micklethwaite, pleaded guilty at Southwark Crown Court on the 18 September, to breaching Section 7 of the Health and Safety at Work Act etc 1974. He was fined £8,000 and was ordered to pay costs of £5,000.

Commenting on the effect on Keith Tilbury, Judge Nicholas Loraine-Smith said: "The incident has had 'a devastating effect' on his life."

In conclusion, he said, the keeping of mixed ammunition in an unmarked Quality Street tin was a "disaster waiting to happen."

The incident occurred on the 30 May 2007, at Fountains Court, Spires Business Park, Kidlington, Oxfordshire.

PC David Steven Micklethwaite, a police firearms instructor with Thames Valley Police, was conducting basic firearms awareness training with new civilian police control room staff. As part of the course he used ammunition from an unmarked sweet tin which had been stored in one of the forces armouries. PC Micklethwaite loaded what he thought was a non-live round into a revolver, and then repeatedly pulled the trigger to demonstrate how the cylinder of a revolver rotated. The ammunition was live and the gun fired hitting a civilian worker, Keith Tilbury, in the stomach. Mr Tilbury suffered major injuries and was in intensive care for 10 days and hospitalised for a total of 22 days - he has not yet been able to return to work.

The HSE investigation found that a risk assessment had been prepared to cover the use of firearms. This included a section on dealing with a situation where live and non-live ammunition were mixed. This assessment was also based on the weapons and ammunition being under the control of a competent person (firearms instructor). Had the control measures detailed in the assessment been followed then the accident would not have happened.

HSE Inspector, Matthew Lee, said: "Keith Tilbury suffered life changing injuries as a result of this incident and I hope the conclusion of this case will help in some small way to contribute to his recovery.

"Risk assessments are necessary and an important way of enabling employers to safeguard their workers safety, but, as this case demonstrates, it is not the pieces of paper or certificates that will stop workers getting injured. It is vital that employers follow up on actions highlighted in risk assessments and ensure staff follow them.

"HSE only brings prosecutions when there are severe breaches of health and safety legislation with the objective that this will help prevent incidents occurring in the future. We have worked closely with Association of Chief Police Officers, National Police Improvement Agency and Independent Police Complaints Commission to ensure that there should be no repeat of similar accidents."

Notes to editors

1. The initial investigation into the incident was undertaken by IPCC. Their report was passed to CPS who decided that they would not pursue criminal proceedings against the officer. The Health and Safety Executive continued with the criminal investigation.
2. Section 3 (1) of the HSWA states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
3. Section 7 of the HSWA states: "It shall be the duty of every employee while at work — (a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and (b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to cooperate with him so far as is necessary to enable that duty or requirement to be performed or complied with."
4. Section 33 of the HSWA states: "(1) It is an offence for a person-- (a) to fail to discharge a duty to which he is subject by virtue of sections 2 to 7;"
5. You are advised to check the time and date of the hearing with the Court nearer the time to ensure that the case has not been put back.

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Issued on behalf of the Health and Safety Executive by COI News & PR (London & South East).