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Cheshire PC guilty of misconduct for having sex on duty

Background

The Head of the Actions Against the Police Department at Irvings Law, Mr Matthew McConville, is currently representing a vulnerable woman in a civil claim against Cheshire Constabulary. The said woman will referred to as ‘AB’ for the remainder of this piece.

Jordan Masterson was a serving officer with Cheshire Constabulary when he responded to a 999 call after AB reported a disturbance at her home. Two Police Officers initially visited AB’s house but later left due to a ‘higher-grade emergency’. When AB called 999 for a second time, Masterson attended her home and turned off his body-worn camera whilst AB was crying so as to later use his position for his own personal sexual gratification before thereafter leaving her home. Later on, Masterson returned to AB’s home and again turned his body-worn camera off so he could convince her to not tell anyone what happened earlier that night. After Masterson left for the second time, AB gathered the courage to call Cheshire Constabulary to report what Masterson had done.

After his attendance at AB’s home and doing what he did, Masterson wrote a report and warned his colleagues about AB advising to always attend “double crewed” during any future visits. Masterson then initially denied having sexual relations with AB when confronted by his colleagues but later accepted this after investigation by Cheshire Constabulary and the IOPC which led to an accelerated misconduct hearing being heard whereupon Masterson would have been sacked had he of turned up for the same. After this investigation, matters were passed to the CPS who charged Masterson with Misconduct in Public Office which he pleaded not guilty; denying that he also advised AB not to speak to anyone about the incident.

Given Masterson’s not guilty plea, his case was set down for a Trial spanning a total of nine days. During the Trial, the prosecution was able to prove that Masterson had wilfully misconducted himself by having sex with a vulnerable member of the public while on duty and on the 1st February 2024 he was convicted at Chester Crown Court to be sentenced on the 20th March 2024; press releases below:

https://www.bbc.co.uk/news/uk-england-merseyside-68173252

https://news.sky.com/story/cheshire-police-officer-who-had-sex-with-drunk-and-vulnerable-woman-guilty-of-misconduct-13061663

https://www.itv.com/news/granada/2024-02-01/police-officer-who-had-sex-with-woman-on-999-call-guilty-of-misconduct

https://www.liverpoolecho.co.uk/news/liverpool-news/police-officer-sex-vulnerable-woman-28552786

Support

Whilst Masterson’s criminal prosecution was going, AB was left with no real support from the IOPC, CPS nor Cheshire Constabulary. As such, AB approached specialist Actions Against the Police Solicitor, Mr Matthew McConville for assistance. Despite having no evidence other than AB’s words, Mr McConville offered to act for AB by way of no win no fee representing her through this whole ordeal. This included Mr McConville attending IOPC and CPS meetings as well as Court alongside AB with too recommending charitable support to assist with her mental wellbeing. In addition to the same, Mr McConville was pivotal in obtaining anonymity within Masterson’s prosecution due to her being the victim within such a sensitive case that has acquired national news coverage. If Mr McConville had not pushed for this, the IOPC and the CPS would not have protected AB’s identity within such a high-profile case where she would have had to give evidence in full view of her perpetrator as well.

Conclusion

Following Trial, AB now wishes to formally seek compensation from Cheshire Constabulary for what Masterson did inclusive of the psychological trauma suffered from his actions during the night in question but also his comments made at Trial too which were thankfully not believed by the Jury. The verdict that the Jury reached is a triumph for not only AB in assisting her recovery from what has happened but it also gives additional hope to victims like AB who wish to come forward in similar experienced similar circumstances.

On this, it is essential to understand that Irvings Law would still be able to offer no win no fee terms to anyone in AB’s shoes through the criminal process as well as to claim compensation even if a not guilty verdict was reached. The reason that Irvings Law are able to do this is because the burden of proof to reach in criminal proceedings is much higher than within civil. Within the criminal process, the test applied is ‘beyond all reasonable doubt’ whereas in civil proceedings the test to be applied is ‘on a balance of probabilities’.

Mr McConville and his specialist team at Irvings Law are very much a client-focused that have vast experience in supporting clients such as AB in extremely vulnerable and emotionally charged situations against many Police Forces up and down the country. As such, if you have experienced something similar or believe you have been treated wrongly by the Police in any way, please get in touch.

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