Nova Scotia’s Serious Incident Response Team has charged a Halifax Regional Police officer with assault in connection with an arrest made in August.

The police department received a complaint in September that an officer had used excessive force while arresting a 34-year-old man for theft. The incident is alleged to have occurred at the Dairy Queen on Dutch Village Road on Aug. 22.

After conducting its own investigation into the matter, police referred the incident to SIRT in October.

SIRT has charged 45-year-old Const. Derek Fish with assault in connection with the alleged incident. Fish has been with the Halifax Regional Police for 14 years, but is not currently on active duty.

Police didn’t specify why Fish isn’t on active duty, saying it’s a “confidential personal matter.”

This is the first time SIRT has charged an officer for an incident alleged to have occurred while on duty.

“We recognize the expectation that police officers be beyond reproach, so it’s disconcerting for our organization, employees and community when an officer is alleged to have broken the laws they are sworn to uphold,” said police in a statement. “That said, it’s important to keep in mind that an officer charged criminally, just like any other person, is innocent until proven guilty.”

Fish is due to appear in Halifax provincial court on March 23.