THE FATHER of a man who died in police custody has said he is devastated to learn the five officers who restrained his son will face no criminal charges.

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.

The Independent Police Complaints Commission investigated the case and concluded there was a case to answer for gross misconduct against the sergeant and found constables who restrained Duncan.

The Crown Prosecution Service has now decided that no criminal charges will be brought against the five Sussex officers who have remained on active duty since Duncan's death.

Duncan's father Paul Tomlin said yesterday: "My family and I are devastated by the news that the CPS has decided that no charges will be brought against any officers in connection with Duncan's death.

"Nearly two and a half years after Duncan's death we are still waiting for answers as to what happened to him and how he came to die in police custody.

"We are awaiting the CPS's reasons for their decision and will then decide whether to exercise our rights under the Victims Right of Review."

Duncan is believed to have been tasered and pepper sprayed before being put in a police van where he fell unconscious but this has been completely denied by police.

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 federation said they were disappointed that the watchdog had not made the decision to not seek criminal charges public.

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. "

The IPCC's investigation found a case for criminal charges and the officers involved could still face an internal disciplinary process.

A spokeswoman for the IPCC said: "The IPCC is aware of the CPS decision not to bring charges against five Sussex Police officers referred following an investigation into the events prior to the death of Duncan Tomlin in July 2014.

"We now await the full decision rationale from the CPS."