A FORMER Essex Police officer would have been dismissed had he not already resigned from the force, a misconduct hearing has found.

Ex-PC James Brett was the subject of a hearing chaired by Assistant Chief Constable Stuart Hooper which began on Monday 23 February.

It was alleged that, whilst on duty in March 2022 and making an arrest for a domestic abuse offence, he had struck the detainee using more force than was necessary whilst also failing to treat the detainee with respect and courtesy.

It was also alleged that his account of the incident was inconsistent with the extent of the force used.

Criminal proceedings were brought against ex-PC Brett, and he was charged with assault following an independent investigation by the Independent Office for Police Conduct (IOPC).

He denied the offence and a jury found him not guilty.

As part of the IOPC investigation, it was directed that ex-PC Brett faced a gross misconduct hearing.

On Tuesday 24 February the panel found three of five allegations proven at gross misconduct level in relation to use of force, authority, respect and courtesy and discreditable conduct.

As a result, ex-PC Brett would have been dismissed had he not already resigned.

He will also be put on the Police Barred List.

ACC Hooper said: “Whilst ex-PC Brett’s actions were found not to be criminal assault, the panel considered them to be a clear breach of standards of professional behaviour.

“Almost every day, officers across Essex are required to use force when making arrests. That is a difficult job and that is not lost on the panel.

“However, that force must always remain proportionate to the threat being posed to officers. That is why the standards of training given to officers is so high – so they can immediately assess what force is proportionally needed in a situation.

“Ex-PC Brett’s force was not proportionate, and language used was not befitting of a professional police officer and the only appropriate sanction was dismissal, if he had not already resigned.”