FIVE Sussex Police officers will not face criminal charges over the death of a man in custody.

Epileptic Duncan Tomlin, 32, was thought to be having a seizure when he was restrained by Sussex Police officers in July 2014. He stopped breathing in a police van in Haywards Heath and and later died in hospital.

Sussex Police Federation said: "Sussex Police Federation are pleased to report that the Crown Prosecution Service has concluded that five Sussex Police Officers will not face criminal prosecution following the tragic death of Duncan Tomlin in 2014."

However the union said they were disappointed that the watchdog and prosecutors had not made the decision not to seek criminal charges public.

The Independent Police Complaints Commission previously told The Argus that heir investigation had found there was case to answer for gross misconduct against the five officers.

Mr Tomlin is believed to have been tasered and pepper sprayed before being put in a police van where he fell unconscious.

The police sergeant and four constables have continued to be on active duty since Mr Tomlin's death.

A spokesman for Sussex Police said yesterday: "We are aware of the Crown Prosecution Service decision and await the response of the Independent Police Complaints Commission with regard to the next steps in the process. "