Police force to be sentenced for health and safety breaches in church warden’s cell death

A police force will be sentenced for health and safety breaches in relation to a belt used around the face of a man before he collapsed in custody.

Thomas Orchard, 32, died in hospital seven days after being arrested and taken to Heavitree Road police station in Exeter, Devon, in October 2012.

During his detention, Mr Orchard, who had paranoid schizophrenia, was restrained and an emergency response belt (ERB) was placed across his face to prevent spitting or biting for five minutes and two seconds.

The restraints were removed and the church caretaker was left in a locked cell, where he lay apparently motionless for twelve minutes before custody staff re-entered and started CPR.

A post-mortem examination found he died from a severe hypoxic-ischemic brain injury.

In a landmark conviction in 2018, the office of the chief constable of Devon and Cornwall Police admitted breaches under the Health and Safety at Work Act.

The charge alleged that the force failed to ensure non-employees, including Mr Orchard, were not exposed to risks in connection with the US-made ERB.

Last month, a three-day trial of issue was held at Bristol Crown Court for Judge Julian Lambert to resolve a series of disputed matters, including whether the use of the belt was a contributory factor in Mr Orchard’s death.