UPDATE - BROMLEY: Ex-police officer spared jail over sex act on duty (From News Shopper)

UPDATE - BROMLEY: Ex-police officer spared jail over sex act on duty

11:10am Thursday 4th March 2010 in

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A FORMER Met Police officer who had oral sex with a woman while on duty has been given a suspended prison sentence.

James Formby, who was a Bromley-based PC, was given a 20-week jail term suspended for two years and ordered to carry out 200 hours of unpaid work when he appeared at Southwark Crown Court today.

Formby, who admitted the charge of misconduct in public office on January 26, was also ordered to pay £1,000 court costs.

The 31-year-old was charged following an investigation by the Independent Police Complaints Commission.

The charge related to an incident on September 19 last year when Formby and three other officers went to a flat in Bromley in response to a report of a domestic disturbance.

After officers entered the flat, a man was arrested and taken away for questioning, leaving Formby to take a statement from the 33-year-old woman.

Prosecutor Michael Mulkerrins said: “She had been drinking and was mildly and relatively drunk.”

Mr Mulkerrins told the court the woman was sitting on the living room floor and the pair began flirting. She put her head on Formby's knee, initiating the sexual contact.

Formby told the woman she looked "sexy" in her grey leggings.

Mr Mulkerrins added: “Her boyfriend was a male stripper and there were various uniforms he would wear and this added to the sexual tension between them.”

The court heard how Formby followed the woman into the toilet. The pair then went into the bedroom and began kissing, and the woman performed a sex act on Formby.

Later that day the woman made a 999 call during which she referred to what happened.

Mitigating, Richard Atchley said the woman had been drunk and had taken BZP, an ecstasy-type drug.

Mr Atchley said: “He [Formby] realises he has been very foolish and could have and should have left the house straight away.”

Sentencing, Judge Nicholas Loraine-Smith said: “Your behaviour that night has led to the end of your career.”

Bromley police borough commander Chief Superintendent Charles Griggs said after the sentencing: “We are all horrified by Formby's conduct.

“His career is over and he will never work as a police officer again. I believe the sentence reflects the seriousness of the breach of trust in this case.

“As soon as the complaint was made, Bromley police arrested the officer and referred the matter immediately to the Met's Directorate of Professional Standards and the Independent Police Complaints Commission.

“The Metropolitan Police Service is committed to ensuring our officers behave professionally and with utmost integrity.”

He added: “I sincerely hope that this incident does not affect the confidence that people have in their police. Victims, and the most vulnerable, must be able to feel safe and protected.”

Formby handed in his resignation after admitting the offence.