Craig Wiltshire death: Taking law into own hands forbidden, trial told

Members of the public are not allowed to take the law into their own hands and "beat up criminals", jurors at the trial of a man accused of suffocating a suspected burglar have been told.

Nathan Smith, 38, denies the manslaughter of Craig Wiltshire after pinning him to the ground in Bristol.

He restrained Mr Wiltshire, 43, for 12 minutes on 20 November 2019 before police arrived, a jury has heard.

For nine of those minutes he had his knee on his back, the court was told.

Mr Wiltshire died in hospital two weeks later from catastrophic brain damage.

During closing speeches at Bristol Crown Court on Monday, prosecutor James Ward said while reasonable force was required for a citizen's arrest, excessive force was not.

Mr Ward added: "If he had eased off, there would have been no death."

'He was trapped'

In CCTV footage of the incident shown during the trial, Mr Wiltshire could be heard telling Mr Smith that he could not breathe and was heard groaning as he strained to move.

Mr Smith claimed he thought Mr Wiltshire was faking so he would release him.

The court heard how Mr Smith had believed Mr Wiltshire was behind a series of car and garage break-ins in his employer's neighbourhood in Bristol in 2019.

After confronting him, he held Mr Wiltshire down for 12 minutes with his head twisted to one side, the jury heard.

The prosecution alleges Mr Smith took the opportunity to "punish" Mr Wiltshire while he waited for the police to arrive, suggesting the force used was too much.

Heart condition

Mr Ward told jurors Mr Wiltshire "was trapped between the defendant and the unyielding pavement, as unyielding as the man pushing him down".

"Restraint is not about you not being able to move, it is about holding you until the police arrive, with you being alive at the end," he added.

"You are not allowed to beat up criminals, that is called taking the law into your own hands and you are not allowed to do it."

Mr Ward said it was up to the jury to decide if the level of force used by Mr Smith, who had no knowledge of police restraint techniques or of Mr Wiltshire's pre-existing heart condition, was lawful.

Mr Smith's employer Michael Crooks was also seen in the CCTV footage adding his weight to Mr Wiltshire for a few minutes, while his son Ben Crooks was seen kicking him twice while on the floor.

Michael and Ben Crooks both admitted a charge of common assault and were not charged with manslaughter.

The trial continues.