Met Police special constable stole a body bag - judge 'troubled' by what he intended to do with it

A Met Police officer was who caught with a body bag under his desk has maintained it was 'not for a nefarious purpose'. Toby Biginton stole the bag, used for transporting dead bodies, along with six police radios, three batons, four warrant card holders and badges, a computer setup used to access sensitive information, and a set of master keys, Croydon Crown Court heard on Tuesday (May 21).

The 24-year-old - who maintains the items were taken for his memorabilia collection - was jailed for 12 months, having already been sacked from the Met after misconduct hearings held in August and December last year. Biginton appeared emotionless as he was sent into immediate custody by the judge, who said she would be 'failing the public' if the former Special Constable was not caged.

Biginton smuggled the items home during his role as a sergeant and team leader with the Met Ops Uniform Services, distributing kit for officers across London. Prosecutor Shekinah Anson said the 'experienced' officer had 'intricate knowledge' of the force policies, and had never been authorised to take the items to his grandma's house in Orpington, South East London, where he lived.

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The stash of gear - worth £3,268 - was discovered by officers during an arrest warrant for another set of allegations, for which Biginton has not been charged. As well as the body bag, police located an extended friction lock baton and two acrylic batons, which had remained at his address despite Biginton signing a disclaimer during an internal amnesty for officers to hand back batons.

The police radios were also found alongside a list of radio codes, allowing Biginton to access communications across the Met, Surrey and Kent. These were taken in the midst of a radio shortage, further restricting the operational capability of the police. Ms Anson said there are a limited set of circumstances in which officers are allowed to take PPE and radios home, none of which Biginton fell into.

Biginton was charged with six theft offences and two offences of possessing a weapon in a private place. He denied them all and the case went to a trial in June 2023. At Croydon Crown Court, the jury rejected his account of 'forgetting' about the body bag under his desk and taking the batons to add to relics given by his granddad. Biginton was convicted on all counts.

'Opening of the door to other crimes'

Defence counsel Michael Chambers insisted his client had no unlawful purpose by keeping the body bag under his desk. "The reality was, there was no nefarious purpose," Mr Chambers said, "There was evidence about the Met Police culture. Mr Biginton's account is he did not think there was anything wrong or dishonest."

But Judge Deborah Charles shared her continued concerns about the body bag, and cited the jury's rejection of Biginton's explanation that he brought it home and forgot about it. "I accept there's no evidence he did anything nefarious with that item, but it's the potential opening of the door to other crimes that concerns me," said Judge Charles.

Mr Chambers reiterated 'there was nothing sinister' about Biginton's purpose, but suggested he lacked maturity and thinking skills. The barrister also highlighted Biginton's standing in the force, his previous good character, the care he gives to his 76-year-old grandma, and the recent birth of his three-week-old baby. Arguing for a suspended sentence, Mr Chambers added: "He realises and fully accepts the seriousness of his offending."

As the judge retired to make her decision, Biginton looked pensive. When she emerged, Biginton stood tall to receive his punishment. Judge Charles explained 'a body bag is not a collectors item' as she jailed him for 12 months. While she accepted there was no evidence of any offending related to the items, she still found it 'troubling'.

"You committed these offences over a sustained period and you have no insight into your behaviour," said the judge, "I considered with the greatest care whether this sentence can, and should, be suspended. I have, however, come to the conclusion that I would be failing the public if I were not to impose immediate custody."

Biginton - who was said to pose a medium risk of harm to the public - was jailed for 12 months concurrent on each count of theft, and four months concurrent on each count of possessing an offensive weapon. He will serve half of his sentence before he is eligible for release on license. The stolen items were ordered for destruction.

'No legitimate reason'

MyLondon previously reported how Biginton was highlighted as a standout officer in a Met Police Facebook post after selflessly 'jumping into action' to help a man seen walking down the middle of a carriageway. Along with another off-duty officer and member of the public, Biginton was kicked and spat at as he detained the man and took him into custody, preventing a tragic accident.

After Biginton was sacked from the force in December last year, his former boss, Chief Superintendent Trevor Lawry, said there was 'no legitimate reason' for Biginton to have the gear at home, and it was 'right' he was sacked.

"We expect the highest standards from all of our employees, including our special constables who have the same powers as police officers. We will not tolerate this type of behaviour and we are pleased that a thorough investigation brought his actions to light," said Chief Supt Lawry.

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