Jailed police officer nearly let off over racist WhatsApp messages despite the admission.

James Watts, aged thirty-one, sent memes mocking the death of George Floyd whilst he was a serving officer with West Mercia Police.

James Watts sent racist memes to friends on WhatsApp whilst he was a serving officer at West Mercia Police.

The Crown Prosecution Service initially decided not to charge a police officer for racist WhatsApp memes mocking the death of George Floyd - despite him admitting to sending them. James Watts was jailed for 20 weeks on Tuesday, June 14th, after pleading guilty to ten charges of sending grossly offensive messages.

The 31-year-old from Clifton Road, Castle Bromwich, was a Droitwich-based probationary constable with West Mercia Police when he sent the messages in June 2020 - a month after George Floyd’s death in American custody, which ignited the Black Lives Matter movement around the world.

Watts’ solicitor Peter Arnold argued there had been a substantial delay in progressing the case, which was not the defendant’s fault. They cooperated fully with the Independent Office for Police Conduct investigation and accepted sending the messages. Birmingham Magistrates Court heard the Crown Prosecution Services had initially decided not to charge him and take no further action, only for the Independent Office for Police Conduct to appeal the decision successfully.

District Judge Tan Ikram, who said Watts had brought the criminal justice system into ‘disrepute,’ sought clarity on the issue. Passing sentence, he said: “I have considered the delay. While the delay is two years, it is not a lengthy period.

“There was a delay in deciding to charge you. I will not comment on the Crown Prosecution Service decision., Still, the crown prosecutor in court today said the decision not to charge you with these offences was wrong and was reviewed by the Crown Prosecution Service, and they decided to charge you.”

Birmingham Live approached the Crown Prosecution Service for comment. A spokesperson said: “The case against James Watts was considered in line with the Code for Crown Prosecutors, and it was initially decided that our legal test for prosecution was not met. We must keep all cases under review. Following an appeal from the Independent Office for Police Conduct, the case was subject to a further review and charges were later authorised against James Watts.”

James Watts outside Birmingham Magistrates Court

Watts had primarily sent racist ‘jokes’ and memes to his “Millionaire's Rodders” WhatsApp group made up of former colleagues from HMP Rye Hill, where he had been a prison guard. But one of the group members became concerned and left the group.

He then shared some of the images on Twitter with the caption: “Former work colleague now serving police officer sent these in group chat. What hope is there in police in the UK sharing these.”

Once it was proven that Watts was a serving officer, the case was referred to the Independent Office for Police Conduct. Having joined West Mercia Police in September 2019, he quit in January last year before the force found he had committed gross misconduct - for which he would have been dismissed.

Derrick Campbell, regional director at the Independent Office for Police Conduct, said: “The sharing of such images by a serving officer, some of which mocked the death of George Floyd, is bound to have caused significant reputational damage to police. The content of these messages will disturb many people both within and outside the police service.

“Today’s outcome must be a stark reminder that this behaviour, particularly from a police officer, is unacceptable. Officers must understand it is irrelevant whether such activity occurs on or off duty or in a private or public social media network – the conduct will face severe disciplinary or criminal consequences.

“Our investigation began in June 2020 following a referral from West Mercia Police after the force received intelligence. At its conclusion in April 2021, we sent our investigation report to the Crown Prosecution Service, which authorised the charge under Section 127 of the Communications Act 2003.”