Officers Have Wrongful Conviction Overturned

10 October 2024

Two Sussex officers have spoken about their ordeal after having a wrongful conviction for common assault overturned on appeal this week.

PC Dan Lott and PC Dan Groves had been convicted of common assault for using PAVA spray during an arrest. They had been ordered to transport two men arrested for violent offences in the back of a police van in May 2022 on their own because there were not enough officers available to help them.

The judge in the appeal case said he was surprised “that it was ever thought appropriate to charge two decent young men with this offence”.

Daniel Groves said: “It just feels like a wave of relief now that a judge has not only found in our favour but made the comments he did. He clearly felt very strongly and it’s a vindication really.”

And his colleague Daniel Lott added: “It was really difficult to have my integrity and everything I stood for – my values, my ethics – challenged, when I just knew it wasn’t me. I’m just incredibly grateful for the right outcome.”

During the incident, one of the arrested men repeatedly kicked the police van’s doors on the journey to custody and was in danger of harming himself. After he ignored repeated requests from the officers to stop, they deployed their PAVA spray.

Sussex Police’s Professional Standards Department viewed the incident as an assault, and after appearing at Magistrates’ Court last year the officers were convicted of common assault and dismissed from the force after an accelerated hearing. Both officers had less than three years’ service at the time.

Sussex Police Federation Branch Secretary Andy Standing assisted the officers during the whole process.

He said: “These officers were placed in an impossible position because of the poor state of resourcing on the front line in Sussex Police, compounded by the fact that this incident was reviewed by PSD officers and CPS solicitors with little or no understanding of use of force as well as the external factors the officers had to deal with.

“As a result, these two upstanding officers have had their names and reputations dragged through the mud. They both have young families and lost their jobs after merely doing the right thing and using the lowest form of force possible in the circumstances.

“I am pleased the right decision has now been reached and echo the comments made by HHJ Gold in that we expressed surprise and concern at the outset of this incident that the officers were ever placed on a criminal investigation.

“I now look forward to working with Sussex Police to right the wrong that these officers have suffered.”

Sussex Police Federation Chair Raffaele Cioffi added: “Our members have now been exonerated after what can only be described as an unpleasant ordeal that has come at great personal and professional cost.

“The role of a Constable is a challenging one, particularly when it comes to decisions around the use of force. The public rightly expects officers to act in accordance with the law, and that is precisely what has happened here.

“Sussex Police Federation will continue to robustly defend and support our members who are simply doing their job for the right reasons and in line with their legal duties.”

Daniel Groves said the incident was all he and his colleague had been able to think about for the past two years.

He said: “Everything was called into question – not only my judgement and abilities as a police officer but obviously they accused us of assaulting someone, they questioned my integrity. The stress of it hanging over me has been all encompassing.

“It just feels like a wave of relief now that a judge has not only found in our favour but made the comments he did. He clearly felt very strongly and it’s a vindication really.

“We were just trying to do the right thing and we’ve been dragged through the mud for it both professionally and privately, and now finally the conviction has been lifted. We’re not bad people, we were just doing our job.

“There was such a tidal wave of emotion on Tuesday when that decision finally came in. I couldn’t have asked for more from the Federation. From day one they were amazing. Every court appearance there was someone there, just to be there to listen. Their support was amazing and I don’t think I could’ve got through everything without them.”

Daniel Lott described how the whole process affected him and his family – from the initial investigation, criminal conviction and successful appeal.

He explained: “I was devastated at the news initially – it’s not me, it’s not my character and it’s just not a position that I ever thought I’d be in. It was devastating to me and my family.

“And then to go through the decision that I couldn’t understand to convict us first time around at the lower court was really emotional, really tough and really challenging.

“The whole time I’ve just been trying to remember that I’m a caring, honest person who tried to do the right things for the right reasons and carry out my duty as a police officer. And then with amazing help from the Federation and my legal team we managed to get the appeal.

“The Federation have been truly invaluable. I genuinely can’t put into words how amazing they’ve been, and I know that none of this would’ve been possible without them.

“I think one of the hardest elements for me was that I was really proud to be a police officer; I was proud of the job I was doing and the service I was providing.

“So it was really difficult to have my integrity and everything I stood for – my values, my ethics – challenged, when I just knew it wasn’t me. I’m just incredibly grateful for the right outcome; now I can put it behind me and enjoy what is next to come. It means the world to me that we can put this behind us once and for all.”