Derbyshire Police have agreed to pay a couple £9,000 in damages after admitting officers unlawfully entered their home and assaulted them. The incident occurred in December 2022 when officers, responding to a report of a possible injury at a house party, forced entry into the home of Andrew and Sabrina Fearn.
According to legal documents, Sabrina Fearn had initially called the police regarding a guest with a knife at her party. Officers attended and left, but returned shortly after, believing someone inside was injured. When Sabrina refused them entry, stating the party had concluded and no guests remained, officers forced their way into the property, using physical force on her. Andrew Fearn intervened to protect his wife and also experienced "unnecessary force," according to court papers. Bodycam footage reportedly showed Andrew being held against a wall by his throat and Sabrina by her neck as officers gained entry. Andrew Fearn was also sprayed with incapacitant spray and handcuffed.
Both Fearns were subsequently arrested and charged with assaulting an emergency worker. However, their trial was halted, and they were found not guilty after police admitted that the forced entry was unlawful. The couple then pursued a civil claim against the force for trespass, unlawful arrest, and assault.
In a statement, Derbyshire Police apologized for the distress and harm caused, acknowledging that the grounds for entry under Section 17 of the Police and Criminal Evidence Act were not met due to the time elapsed between the initial call and the officers' entry. The force stated that while officers acted on a "honestly held belief" someone might be injured, the legal basis for entry was not established.
Derbyshire Police did not accept all claims made by the couple, including that Sabrina Fearn was unlawfully arrested, handcuffed, or detained, nor that Andrew Fearn suffered a dislocated shoulder or that a malicious prosecution occurred. They stated that officers provided immediate first aid during a medical episode Sabrina experienced.
No disciplinary action was taken against the officers involved. The force reiterated its expectation of high standards from its officers but acknowledged that "they are also human and may make errors, as has occurred in this situation," adding they would learn from the incident.
Sabrina Fearn described the event as causing "awful stress" and significant mental health impacts, including PTSD, stating she felt "terrified" and that "not one of those police officers have been held accountable for what they have done."