Police facing probe over death of mentally-ill man in custody

25-year-old James Herbert suffered a cardiac arrest in June 2010. Credit: PA

A police force and two of its officers could be charged in connection with the death of a mentally-ill man who died in custody.

25-year-old James Herbert suffered a cardiac arrest after he was detained under the Mental Health Act in June 2010.

He had taken the drug NRG-1, and was restrained before being left naked in a police cell at Yeovil police station, an inquest heard. The data recovery engineer was later found to be unresponsive and taken to Yeovil District Hospital by ambulance where he was declared dead.

An inquest jury returned a narrative conclusion that Mr Herbert, who lived in Wells, died from "cardio-respiratory arrest in a man intoxicated by synthetic cathinones causing acute disturbance following restraint and struggle against restraint".

A second investigation into his death by the police watchdog has resulted in the Independent Police Complaints Commission (IPCC) referring Avon and Somerset Police and two of its officers to the Crown Prosecution Service to consider charges against them.

The IPCC has asked prosecutors to consider "potential criminal offences" against the two unnamed officers, and the force itself for "potential health and safety offences".

In 2014 the IPCC said it was looking at "whether the police at any stage colluded to give false accounts and/or lied during their evidence at the inquest".

A spokesperson for the watchdog said "The IPCC has completed its second investigation into the circumstances of James Herbert's death in policecustody in June 2010 and referred two Avon and Somerset Police officers to theCrown Prosecution Service for potential criminal offences and has also referred Avon and Somerset Constabulary for potential health and safety offences."

Avon and Somerset Police say the Constabulary has fully co-operated with the IPCC throughout each stage of the investigations "since the tragic death of Mr Herbert in June 2010"

"Having recently concluded a second investigation, the IPCC have made referrals to the CPS and, until we have the outcome of that process, it would not be appropriate for us to comment."