This article is more than 1 year old

This article is more than 1 year old

A police driver who deliberately knocked a fleeing teenage suspect off a stolen moped may face a misconduct hearing, the Guardian has learned.

The Independent Office for Police Conduct has completed its investigation into the November 2017 incident in Erith, south-east London, which left the 17-year-old with head injuries and a broken foot.

The teenager was not wearing a helmet and the IOPC said he suffered serious head injuries and fractures but was discharged from hospital a few days later. He later pleaded guilty to several criminal offences.

The police watchdog is now in discussions with the Metropolitan police about whether or not there is a misconduct case to answer for the use of force.

The IOPC investigation concluded that the officer should not face criminal charges.

Any misconduct charge could lead to an internal disciplinary hearing and the officer also being investigated for potential gross misconduct.

The Police Federation, the organisation representing rank and file officers, said police drivers urgently needed greater protections from long investigations and potential criminal prosecution triggered by tackling criminals.

Police began using the technique of knocking suspects off their mopeds, known as “tactical contact”, in October 2017 to help tackle an epidemic of moped crime in London, where suspects sped off after staging snatch robberies.

The IOPC said: “We have concluded our investigation into the incident in Eastern Way, Erith, and sent our report to the Metropolitan police. This report includes our decision on whether we believe misconduct proceedings should follow. Our discussions with the Met remain ongoing and it would not be appropriate to discuss our findings until this process has concluded.”

The Guardian understands that, following publicity about the Met’s adoption of tactical contact, there was a sharp drop in moped crimes, with the media coverage seemingly acting as a deterrent for would-be criminals.

Police drivers trying to stop suspects make a split-second decision and aim to bring a chase to an end by using their vehicle to knock a suspect off their moped with as gentle a bump as possible. The tactic carries the risk of injury to both of those involved.

But the IOPC believes questions remain as to whether officers using tactical contact are protected under the law.

One source said: “There is no law protecting Scorpion drivers [a team specially trained in tactical contact] knocking someone off their moped with a one-tonne machine. It is difficult to argue the officer is in danger.”

The IOPC said: “Last August we welcomed government proposals for changes to the law, guidance and practice surrounding police pursuits. We will investigate deaths or serious injuries following police contact and do so based on whether the officers followed their own force guidance, and policies and current legislation as determined by parliament. Police officers are entitled to use force that is reasonable and proportionate to the circumstances.”

The police driver was interviewed under criminal caution as part of the IOPC investigation.

The Met said the officer, from its roads and transport command, had been served with a notice of gross misconduct by the police watchdog and placed on “restricted duties”. The Met declined to comment further.

Tim Rogers, the lead on driver training and pursuits for the Police Federation, said the government needed to keep its promise to protect police drivers when they were tackling criminals.

Rogers said: “The government is happy to take credit for robust tactics used by officers in London to tackle moped crime. They agree the law has to change to legitimise the tactics. But they have failed to find the parliamentary time in order to make the change.