Accidents

Derbyshire Police Admit Unlawful Home Entry, Assault of Couple

Derbyshire Police Admit Unlawful Home Entry, Assault of Couple

By Islam El-Sakka

Derbyshire Police have admitted that officers unlawfully entered a couple's home and assaulted them in December 2022, resulting in a £9,000 damages settlement.

Incident Details

Andrew and Sabrina Fearn, from Alvaston in Derby, were hosting a house party when Sabrina called police after discovering a guest had a knife. Officers attended and left, but returned shortly after believing someone was injured inside. Sabrina refused entry, but officers forced their way in, using physical force on her. Andrew intervened and was also subjected to what legal documents describe as "unnecessary force." Bodycam footage showed Andrew held by the throat against a wall and Sabrina held by the neck. Andrew was threatened with a Taser, sprayed with incapacitant spray, handcuffed, and detained for 15 hours.

Legal Proceedings

Both were arrested and charged with assaulting an emergency worker. Their trial at Southern Derbyshire Magistrates’ Court was halted in December 2023 when police admitted the forced entry was unlawful, leading to their acquittal. The couple then pursued a civil claim for trespass, unlawful arrest, and assault and battery, which Derbyshire Police settled for £9,000.

Police Response

The force apologized for the distress caused, stating officers acted on an "honestly held belief" that someone may have been injured but later accepted the legal grounds for entry under Section 17 of the Police and Criminal Evidence Act were not met. No disciplinary action was taken against the officers involved. The force acknowledged errors and said it would seek to learn from the incident.

Couple's Impact

Sabrina Fearn described severe stress and PTSD, saying she felt terrified whenever anyone came to her door. She criticized the lack of accountability for the officers involved.

Share this article: