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Officer cleared of using excessive force in fare evasion arrest
A misconduct hearing has found a Met officer did not use excessive force when he arrested a woman during a fare evasion operation in Croydon in July 2023, but that his use of language did breach the standards of professional behaviour.
PC Perry Lathwood, who is attached to the Roads and Transport Policing Command, faced a hearing after the Independent Office for Police Conduct (IOPC) determined that a misconduct panel could find that his actions amounted to a breach of the standards of professional behaviour in the following areas:
• Use of Force
• Authority, Respect and Courtesy
• Equality and Diversity
• Discreditable Conduct
PC Lathwood was cleared of any criminal wrongdoing in relation to his use of force following an appeal at Southwark Crown Court in September 2024. The Met urged the IOPC to consider whether a misconduct hearing was necessary following the decision – they determined it was.
At the conclusion of a misconduct hearing that began on Monday, 13 October PC Lathwood was found to have breached the standards of professional behaviour at the level of misconduct, rather than gross misconduct, in relation to authority, respect and courtesy only.
The panel found the case against him was not proven in relation to use of force, equality and diversity, and discreditable conduct.
He was given a written warning.
On 21 July 2023, PC Lathwood was on duty supporting Transport for London revenue protection inspectors during a pre-planned operation at a bus stop in Whitehorse Road, Croydon.
A woman who had been travelling on a bus was asked to show a valid ticket for her journey but did not do so and attempted to walk away. PC Lathwood detained her, taking hold of her arm and using handcuffs as he arrested her on suspicion of fare evasion. The woman was later de-arrested after agreeing to prove she had a valid ticket.
As PC Lathwood went to remove the woman’s handcuffs, she pulled away towards the road behind her. PC Lathwood tried to keep her away from the road but could be heard referring to her as a “daft cow” as he did so.
Delivering the panel’s ruling following the hearing, panel chair Commander Jason Prins said: “The panel finds PC Lathwood had reasonable grounds to suspect fare evasion and was lawfully entitled to detain Ms Agyemang to prevent her leaving and for the suspected offence to be investigated. This in reality meant having her ticket scanned, which would have taken a few seconds.
“The panel finds handcuffing was necessary to prevent harm to Ms Agyemang, PC Lathwood, and the public. This view is supported by BWV and witnesses’ accounts. Ms Agyemang’s tone was antagonistic and she did not engage with officers’ requests.
“The panel finds he used the minimum force necessary and finds the use of force was lawful, necessary, reasonable and proportionate.
“The panel found the term “daft cow” to be unprofessional, insulting, and disrespectful. PC Lathwood did not provide a credible explanation for its use, nor did he acknowledge the potential impact of such language. It could reasonably be perceived as offensive and insulting and it demonstrated a lack of respect and courtesy.”
Commander Nick John said: “PC Lathwood’s actions divided opinions, with video of the incident prompting a significant reaction from the public, particularly in Croydon. We have acknowledged previously that the incident wasn’t handled perfectly and that there was important learning to take from it.
“We disagreed with the IOPC’s determination that his actions could amount to gross misconduct, meaning they were so serious they could result in dismissal if proven. It was our view that his use of force was lawful but that his language was a breach of the standards of professional behaviour at the level of misconduct only, meaning it should not result in dismissal.
“After considering all the evidence, the independent panel has reached the same conclusion.”
PC Lathwood was on restricted duties pending the outcome of this hearing. His status will now be reviewed.