Devon and Cornwall Police has admitted breaching health and safety legislation in relation to a belt used on a man who died after being restrained in custody.

Judge Julian Lambert will determine issues that remain outstanding between prosecution and defence teams at a Newton hearing in April.

These include whether the breaches caused Thomas Orchard’s death and training of the belt within the Devon and Cornwall Police.

The force is charged with failing to ensure the safety of non-employees contrary to Section 3(1) and 33(1)(a) of the Health and Safety at Work etc. Act 1974.

The particulars of the offence are as follows:

“The office of the chief constable of Devon and Cornwall Police, on and before 10 October 2012, being an employer within the meaning of the Health and Safety at Work Act etc 1974, failed to conduct its undertaking, namely the provision of policing services, in such a way as to ensure that persons not in its employment, including Thomas Jan Orchard, were not thereby exposed to risks to their health or safety in connection with the use of the Emergency Response Belt.”