Taser Conducted Energy Devices (CEDs) Policy

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OFFICIAL – Open FOIA – Open Uncontrolled version copy when printed Force Publication Scheme 11/12/20 Reference No. SA008 Implementation Date 07/11/2017 Version Date 11/12/2020 Version Number 1.12 Freedom of Information Act Open Government Security Classifications OFFICIAL – Open Taser Conducted Energy Devices (CEDs) Policy

Transcript of Taser Conducted Energy Devices (CEDs) Policy

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Reference No. SA008

Implementation Date 07/11/2017

Version Date 11/12/2020

Version Number 1.12

Freedom of Information Act Open

Government Security Classifications OFFICIAL – Open

Taser Conducted Energy Devices (CEDs) Policy

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Table of Contents 1. Policy Section 2. Standards 3. Procedure Section 3.1 Roles and Responsibilities 3.2 Taser Storage 3.3 Fitness for Duty 3.4 Drawing of Taser and Cartridges 3.5 Defect Reporting 3.6 3.7 Mandatory Wearing of Body Armour 3.8 Deployment of Taser Officers 3.9 Planned Incidents Requiring the Deployment of Taser Officers 3.10 Command of an ARV Officer Deployed under Taser-only Deployment 3.11 Meaning of ‘Used’ 3.12 Multi-agency and Cross-border Arrangements 3.13 Use of Taser in Custody 3.14 Carriage in Court 3.15 Carriage of Taser into HMP Establishments 3.16 Post Use Procedures 3.17 Suspension of Taser Authority 3.18 3.19 Unintentional Discharges 3.20 Downloading Taser 3.21 Movement of CEDs and Cartridges 4. Consultation and Authorisation 5. Version Control Appendix A

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1 Policy Section [FOIA – Open]

1.1 Vision of the Strategic Alliance

1.1.1 Working together as it can offer the best opportunity to:

• Develop service delivery to the public • Ensure delivery against the PCCs’ Police and Crime Plans • Retain a local policing identity • Ensure resilience around our Strategic Policing Requirement • Maximise value for money • Maximise opportunities for the ongoing personal/professional development of

our staff 1.1.2 This approach also satisfies the set critical success factors as follows:

• Both forces mitigate/manage their greatest threat, harm and risks • Both forces achieve their medium term financial strategies

• The strategic policing requirement continues to be met with reducing resources

• A transformational approach to service delivery • Both forces adapt and respond to change in an agile/positive way

• Opportunities to invest in new capabilities to meet emerging threats and technology

1.2 Statement of Intent – Aim and Rationale 1.2.1 The issue, deployment and use of the Taser Conducted Energy Devices (CEDs) will

conform to the ACPO operational guidance issued specifically for the 'extended operational deployment of Taser'. All other deployments (within a firearms authority) will continue to conform to the guidance laid down in the Authorised Professional Practice (APP) Armed Policing module, the ACPO/NPCC Personal Safety Manual of Guidance and the current force operational guidance on CEDs.

1.2.2 Officers involved in the deployment of Taser will apply the National Decision Model

(NDM). This will enable those concerned to select the most appropriate tactical option commensurate to the threat presented.

1.2.3 For the purposes of this policy document, the terms ‘Taser’ and ‘Conducted Energy

Devices / CEDs are interchangeable. 1.2.4 This policy should be used in conjunction with:

APP > Armed Policing > Conducted energy devices (Taser)

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1.3 National Decision Model

1.3.1 The National Decision Model (NDM) is the primary decision-making model used in both Dorset Police and Devon and Cornwall Police. Where applied it ensures that ethical (see Code of Ethics), proportionate and defensible decisions can be made in relation to operational and non-operational policing. The latest guidance can be found via this APP link.

1.4 Code of Ethics 1.4.1 The Code of Ethics underpins every policy, procedure, decision and action in policing

today and staff are reminded of the need to comply with the standards and principles of the Code of Ethics for policing.

1.5 Authorised Professional Practice 1.5.1 The College of Policing offers an online service that provides access to a

consolidated body of guidance for policing called Authorised Professional Practice (APP). This enables officers and staff to access and search for the most up to date approved guidance, replacing a number of previously published NPIA and ACPO documents. APP guidance on Taser should be accessed in conjunction with this policy.

2 Standards [FOIA – Open]

2.1 Legal Basis

2.1.1 CEDs are classified as ‘prohibited weapons’ by virtue of Section 5 Firearms Act 1968.

Police officers, whilst acting in their capacity as such, are exempt from the requirements of the legislation and do not need any additional legal authority to possess the CED.

2.1.2 Taser Cartridges, whilst live are classified as ammunition under section 1 of the

Firearms Act 1968. 2.1.3 Taser CEDs are classified as ‘work related equipment’ and not as Personal Protective

Equipment (PPE). 2.1.4 Use of the CED is a tactical option available to a police officer who is faced with

violence or the threat of violence. Its purpose is to temporarily incapacitate an individual in order to control and neutralise the threat that they pose. It is not to be used to inflict severe pain or suffering on another in the performance or purported performance of official duties (The Criminal Justice Act 1988, s.134)

2.1.5 The police use of force is governed by:

• Common Law

• Section 3 Criminal Law Act 1967

• Section 117 Police and Criminal Evidence Act 1984

• The Human Rights Act 1998

• The Police (Conduct) Regulations 2008

• The Police Standards of Professional Behaviour

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• Common Law 2.1.6 Nothing in this policy overrides the fundamental duty of police officers to protect life in

accordance with the law and the European Convention on Human Rights

2.2 Assessment Compliance

2.2.1 This document has been drafted and audited to comply with the principles of the

Human Rights Act. Internal and external Equality and diversity issues have also been considered to ensure compliance with Equality legislation and policies. In addition Data Protection, Freedom of Information, Management of Police Information and Health and Safety issues have been considered. Adherence to this document will therefore ensure compliance with all relevant legislation and internal policies.

2.3 Monitoring

2.3.1 This policy is maintained by the Alliance Operations Department, and any enquiries

regarding it should be directed there.

2.4 Feedback

2.4.1 Feedback relating to this policy can be made by e-mail to

E-mail: Firearms

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3 Procedure Section

3.1 Roles and Responsibilities [FOIA – Open]

3.1.1 Taser Officers

3.1.1.1 Both Devon and Cornwall and Dorset Police have selected a number of officers who

are not Authorised Firearms Officers (AFO) to be trained and deployed with ‘Taser’, these Taser officers will be known as Specially Trained Officers (STOs).

3.1.1.2 All AFOs in Devon and Cornwall and Dorset Police are also trained in the use of

Taser and can be deployed to Taser only incidents. Any reference to STOs within this policy includes AFOs.

3.1.2 Force SPOC

3.1.2.1 The Home Office require a Single Point of Contact (SPOC) within each force who is

the representative for Dorset Police for communication between Dorset Police and identified national bodies. This includes gathering and disseminating information and compliance with the Guidance on the Use of Taser contained within APP.

3.1.2.2 The Taser SPOC’s responsibilities are detailed in Module J1 of the NPFTC 3.1.3 Management SPOCs 3.1.3.1 Both Devon and Cornwall and Dorset Police will identify an appropriate number of

officers who have the following responsibilities:

• Must have a clear understanding of the geography they cover, the challenges and risks in their area and the officers in the area they manage.

• Will be responsible for maintaining sufficient deployable resources across their area.

• Should be at least the rank of Sergeant and it is desirable that they are a currently trained STO.

• Oversees the work of the downloaders. 3.1.4 Downloaders 3.1.4.1 Each station will have a number of suitably trained officers who will be responsible for

downloading CEDs, carrying out weekly stock checks and assisting with the movement of CEDs and cartridges.

3.2 Taser Storage [FOIA – Open] 3.2.1 CEDs and cartridges will be only stored at authorised locations in secure cabinets

(exceptions to this are detailed at 3.2.4 below). The cabinets must be fixed to a solid structure i.e. wall or floor and the key to the cabinet must be stored in a separate securely mounted combination safe. CED issue registers will also be stored in these locations.

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3.2.2 In cases where a Taser Officer is stationed at an operating base where there is no armoury or secure Taser cabinet, arrangements will be agreed for alternative secure storage with the Force Taser SPOC and Armourers.

3.2.3 Where cabinets are secured by a digital combination lock, the pin number will be

changed every six months or when compromised. This will be carried out in liaison with the Force Taser SPOC and Armourers

3.2.4 (FOIA – Closed. S31(1))

3.3 Fitness for Duty [FOIA – Open] 3.3.1 Alcohol and Drugs

3.3.1.1 The use of drugs in medical treatment or consumption of alcohol can reduce an

officer’s alertness and performance. The Standards of Professional Behaviour provided under the Police (Conduct) Regulations 2008 address the importance of officers’ fitness for duty and issues associated with consumption of alcohol, illegal drugs and prescription drugs. .

3.3.1.2 An officer who is receiving a course of drug treatment must seek the advice of their own doctor or occupational health unit if they are concerned about side effects of the drugs. Any other relevant concerns or medical advice given to an officer must be brought to the attention of their immediate supervisor or force occupational health unit, who should take appropriate action.

3.3.1.3 Officers have a personal responsibility to inform a supervisor of any circumstances

where they believe that they may be unfit to carry out their duties. 3.3.2 Sleep Deprivation and Excessive Hours

3.3.2.1 It is important that the physical welfare of officers is monitored regularly on all

occasions where Tasers are issued. The stress factor, general fatigue, extreme weather conditions or working temperatures and the need for refreshments are all sound reasons for relieving personnel as regularly as practicable.

3.3.2.2 Attention should be paid to the length of duty performed by all officers, when

considering their availability to be deployed to incidents which may progress beyond their allotted tour of duty.

3.4 Drawing of Taser and Cartridges [FOIA – Open]

3.4.1 Only currently authorised STOs will be permitted to withdraw Taser from storage, and

must ensure the appropriate issue register is fully completed, accurately recording all CEDs, number of cartridges and serial numbers drawn. CEDs and cartridges may only be issued to AFOs/ STOs who:

i) Are in possession of their authorisation cards (D&C AFOs and Dorset STOs only)

or, in the case of D&C STOs, confirmation (if necessary) of their authority is obtained from STORM.

ii) By signing the Taser issue register (A438c in Dorset) officers are declaring they are not under the influence of alcohol, prescribed drugs, or have not worked excessive hours or are suffering from sleep deprivation. They are also in date with their PST, First Aid, Taser training and eyesight standards.

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iii) Sign the Taser issue register for the receipt and return of CED and cartridges. 3.4.2 The issue of Taser to AFOs will continue as per existing established procedures.

This is detailed in the Firearms Operational Standard Operating Procedure. 3.4.3 Officers will carry out a visual check of the cartridges and a function check of the

Taser prior to deploying with it as per the training. 3.4.4 CED ‘batteries must be replaced when their charge drops to 20%. The depleted

batteries should be returned to the Tactical Firearms Unit (Devon and Cornwall) or the Armourers (Dorset) for a replacement to be issued.

3.4.5 It should be noted that many Taser faults can be attributed to poorly fitted batteries.

Batteries should only be fitted by those trained in this practice, such as a Taser Technician, Taser downloader, STO or AFO. (should an STO or AFO change a battery operationally, they will notify their downloader by email – quoting the serial number of the Taser in order that it can again be inspected at the earliest practicable opportunity.)

3.4.6 Taser officers should return the Taser and cartridges to the location from which they were drawn.

3.4.7 The registers will be stored by the officers responsible for the eight weekly data

downloads, and completed registers will be stored in the respective police station or sent for storage at the Force Armoury. All CED issue register information will be retained for a period of 2 years from the end of the incident, or any subsequent investigation, whichever is the longest period.

3.5 Defect Reporting [FOIA – Open] 3.5.1 The following procedures are to be followed, following the identification of a defect:

Devon and Cornwall 3.5.2 Taser CEDs that have become defective, in need of repair or replacement should be

forwarded, using agreed local processes, to the Force Armourer, HQ Armoury, Middlemoor.

3.5.3 Section 5 Authority has been granted by the Home Office for the current Force

carriers of internal mail (G4S) to carry defective or replacement Taser CEDs in the internal mail between HQ Armoury and respective LPA stations.

3.5.4 Officers sending Taser CEDs to HQ should ensure:

• Taser CED units are ‘safe’, with safety clip attached, or taped in a secure manner.

• No cartridges are attached to the Taser CED, or are included in the same package.

• Taser CED are packed in a small box or padded bag and placed in an unmarked envelope addressed to the Force Armourer, Tactical Firearms Unit, HQ.

• An email is sent to the Force Armourer giving information concerning the postal, device serial number and the defect of the unit.

3.5.5 On receipt the Force Armourer will confirm receipt of the Taser CED to the officer concerned.

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3.5.6 The arrangement will apply to items transported between Headquarters Armoury and respective stations only; it will not be used for the transport of items to other internal locations.

3.5.7 G4 carriers will:

• Travel direct from station to station, with the postal bags secure.

• Have a communication facility available to Force control room.

• Will not leave the vehicle or post unattended in a public place.

Dorset 3.5.8 Defective Taser

Taser Officer discovering fault:

o Complete a defect report (A454 located on Taser SharePoint site)

o Email defect report to .armoury, copy in station Taser downloader.

o Print off defect report to be placed with the item which is secured the

in the provided pelicase and sealed appropriately.

o The front of package is to be marked up for the attention of HQ

Armoury with an annotation of the originating station and officer - and

left in the CED cabinet’s bottom drawer for ARV collection. Clearly

mark the CED as DEFECTIVE

o Send a NICHE task to TFU for collection via Ops Armed Policing –

Op Patrol Team.

The Armourer will dispatch a replacement CED to the station via TFU using NICHE

tasking.

3.5.9 Defective Cartridges

Taser Officer discovering a fault:

o Will place the cartridge, blast doors down, on the floor.

o Maintaining the safety requirements above, refit the shipping cover.

o Quarantine and isolate the cartridge ensuring it cannot be

subsequently mistaken for a serviceable cartridge. Storage in a box

that can withstand any subsequent discharge is also recommended.

o Complete a defect report. (A454 located on Taser SharePoint site)

o Email defect report to .armoury, copy in station Taser downloader.

o Print out of defect report to be placed with the item.

o The front of package is to be marked up for the attention of HQ

Armoury with an annotation of the originating station and officer - and

left in the Taser cabinet’s bottom drawer for ARV collection. Clearly

mark the cartridge as DEFECTIVE.

o Send a NICHE task to TFU for collection via Ops Armed Policing –

Op Patrol Team.

The Armourer will dispatch a replacement cartridge to the station via TFU using

NICHE tasking.

3.5.10 Defective batteries

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Defective/replacement batteries:

• Taser Officer discovering fault:

o Complete a defect report (A454 located on Taser SharePoint site) Email

defect report to .armoury, copy in station Taser downloader.

o Print out of defect report to be placed with the item.

o Send via internal post to Armoury.

o Replacement to be sent from Armoury via internal post.

• The Armourer will dispatch a replacement battery to the station via the internal post.

3.6 [FOIA – Closed s.31(1)(a)]

3.7 Mandatory wearing of Body Armour [FOIA – Open]

3.7.1 Taser officers, in order to Maximise the Safety to themselves and to be able to

support their colleagues, will wear body armour as appropriate per Dorset Police Body Armour Issue, Wear and Care Guidance – SOP P07:2014 and Devon and Cornwall policy D068 – The Provision and Wearing of Overt Body Armour.

3.8 Deployment of Taser Officers [FOIA – Open]

3.8.1 The term ‘deployed’ means that an officer has been tasked by a NDM trained

supervisor to attend an incident. This will be the Force Incident Manager / Controller (FIM / FIC) or Control Room Sergeant and incidents will be run on an incident log.

3.8.2 The following principles apply when deploying and using Taser:

• Taser may be deployed and used as one of a number of tactical options only after application of the NDM

• Taser will be readily available

• Once Taser has been deployed, normal supervision protocols will apply

3.8.3 It is not practicable or possible to provide a definitive list of circumstances where the use of Taser would be appropriate.

3.8.4 It is important that the strategy is clearly briefed to the officers deployed in order that they have a full understanding of the operational priorities identified.

3.8.5 The availability or deployment of the CED should not be considered as a replacement

for conventional firearms, should the relevant criteria for the issue of firearms be met. 3.8.6 It is not appropriate for commanders or supervisory officers to attempt to restrict the

deployment of a CED trained officer to a particular use of force option. 3.8.7 Consideration should be given to seeking Public Order tactical advice.

3.9 Planned Incidents Requiring the Deployment of Taser Officers [FOIA – Open]

3.9.1 The deployment of Taser Officers in relation to a planned incident can only be

considered by the FIC/FIM or a Tactical Firearms Commander (TFC). This will be following an NDM review of the available information and intelligence.

3.9.2 In Dorset, this will also be recorded on form A349 and a Chronicle operation subsequently commenced.

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3.10 Command of an ARV Officer Deployed under Taser-only Deployment [FOIA – Open]

3.10.1 AFOs acting under a Taser only deployment will be considered as acting in the same

capacity as STOs and may be commanded by normal supervision. There is no requirement for them to be commanded by TFCs when acting in this capacity.

3.11 Meaning of ‘Used’ [FOIA – Open] 3.11.1 The term ‘use’ of Taser will include any of the following actions carried out in an

operational setting:

• Drawing of Taser in circumstances where a person could reasonably perceive the action as a use of force

• Sparking of the Taser commonly known as arcing • Aiming of the Taser or placing the red dot onto a subject • Firing of the Taser so that the probes are discharged at a subject or animal • Application and discharge of a Taser in both angled and drive stun modes • Discharged in any other operational circumstances, including unintentional

discharge 3.11.2 The carriage of Taser does not, in itself, constitute a use of force, but when Taser is

‘used’ the officer in possession will be both legally and organisationally accountable.

3.12 Multi-agency and Cross-border Arrangements [FOIA – Open] 3.12.1 AFOs and STOs may, on occasions, be deployed outside of the Force area when

operationally necessary. 3.12.2 A protocol has been agreed between this Force and other forces in the region stating

that forces will allow the carriage and operational use of CEDs within their respective force areas by officers from neighbouring forces, as per national guidance, in line with the NDM.

3.12.3 The protocol also accepts that Chief Constables have a duty of care to their officers,

regardless of whether or not they are operating within their own or other force areas and remain vicariously liable in civil law for their own officers’ actions.

3.12.4 Authority for cross-border Taser operations can be found in APP. However, in

dynamic incidents, the relevant Gold Commander has the authority to authorise officers to go cross border; typically this is delegated in most forces to the FIM on a day to day basis. Officers entering other areas with Taser, except those passing through in transit (for example on the motorway), should speak with the relevant FIM.

3.12.5 Any officer crossing a border (other than the border between Devon and Cornwall,

and Dorset) where it is anticipated a CED will be used, will inform the Devon and Cornwall Police FIM/ Dorset FIC (as appropriate) immediately.

3.13 Use of Taser in Custody [FOIA – Open]

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3.13.1 It is recognised that any decision to use Taser in a custody suite will be subject to a high level of scrutiny and any deployment resulting in use must be fully documented allowing oversight and review by the Force

• When dealing with a violent incident in custody, consideration needs to be given to where the detainee is at the time and how necessary an intervention is. The safety of police officers, staff, the detainee and others is of paramount importance and any intervention must consider all of these factors. The Custody officer retains responsibility for the welfare of the detainee in accordance with PACE section 39.

• Particular care should be exercised when dealing with people who may be vulnerable. This could be as a result of factors such as mental ill health, learning disability, age, or as result of environmental or behavioural influencers. The vulnerability of such detainees may be a significant factor in both the cause of the incident that has prompted consideration of Taser and it may also affect the ability of the detainee to communicate or modify their behaviour in response to police action. Where possible, consideration should always be given to safely finding methods of de-escalation.

• Whilst Section 117 PACE allows the police to use reasonable force in the exercising of their powers without the need for consent, officers must consider whether the process in custody can be delayed to allow the situation to calm and whether other options exist to achieve the process.

• Custody staff should not carry Taser in custody; it is believed this directly conflicts with their independent role of being responsible for the safety and well-being of the subject in custody.

• All uses of Taser must be documented on the custody record. Where this use is planned then it should be documented, along with its supporting rationale, prior to the plan being implemented if time allows.

• Where custody suites are covered by CCTV the footage may provide evidence in any subsequent investigation. In the event of a Taser use in custody, the video footage should be preserved for use by any subsequent investigation.

3.14 Carriage at Court [FOIA – Open] 3.14.1 As of 16th November 2020, an amendment to the Criminal Practice Directions 2015

permits police officers to carry Tasers in court buildings alongside their standard Personal Protection Equipment (PPE) when attending on routine court business, such as delivering exhibits, obtaining warrants and when giving evidence. Where the carrying of a taser is part of a planned tactical deployment for security purposes based on the risk assessment, then (in line with the procedure for the deployment of armed officers), an application to the Crown or Magistrates Court under ‘Procedure for applications for armed police presence in crown courts and magistrates court buildings’ will still be required.

3.15 Carriage of Taser into HMP Establishments [FOIA – Open]

3.15.1 Taser officers are reminded that NPCC guidance is that Taser is not categorised as

personal protective equipment. It is a prohibited article and as such it is not appropriate to be worn when visiting HMP establishments.

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3.15.2 Each prison may have separate protocol for the safe storage of items such as irritant

spray, CEDs and mobile phones which will need to be adhered to. There are secure storage facilities at prisons for this purpose, however if the CED is required to be stored, and there are other officers present, then the Taser officer must take possession of the key.

3.15.3 AFOs will stow the Taser in the weapon safe contained within the Armed Response

Vehicle (ARV).

3.16 Post Use Procedures [FOIA – Open] 3.16.1 Introduction 3.16.1.1 Post any use of a CED, the FIM/FIC should immediately be informed along with

normal supervision. This should be a supervisor who is Taser trained or has an enhanced knowledge of the deployment/post usage procedures. They should consider attending the scene to ensure relevant post usage procedures are complied with. They should also consider a local and wider community impact assessment.

3.16.1.2 It is the responsibility of the local supervisor to ensure that wherever possible all

relevant parties involved in the incident are spoken to, to advise them of the implications of Taser deployment and to ensure there are no ongoing community issues or tensions. This early intervention is seen as best practice in preventing potential complaints against police action through misinformation.

3.16.2 Medical Aftercare

3.16.2.1 Any person who has been subjected to the effects of a CED will be given medical support as soon as practicable, if necessary.

3.16.2.2 If an officer believes that a person to whom a Taser has been applied has a cardiac

pacemaker, Vagus nerve stimulator or other implanted device, immediate referral should be made to hospital. Similarly, if the subject is found to have any other pre-existing medical condition that might lead to increased medical risk, immediate referral to a hospital should be considered.

3.16.2.3 All arrested persons who have been subjected to the discharge of a Taser must be

examined by a doctor as soon as practicable after (or before) arrival at the custody suite. If the examining doctor is not the Force Medical Examiner (FME), the FME must also examine the Tasered person as soon as practicable.

3.16.3 Removal of Probes

3.16.3.1 Barbs (the hooked part of the probe) that have penetrated the skin will be

contaminated with blood or other bodily fluids. Suitable regimes should be in place to deal with the biohazard this presents, including suitable personal protective equipment (PPE) and containers.

3.16.3.2 Barbs which have penetrated the skin should normally be removed by a medical

professional either at the scene, at a hospital or in the custody suite. This is principally because of the:

• requirement for infection control

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• potential for additional trauma to the skin and superficial tissues of the subject

• risk of additional trauma to underlying tissues, organs or body cavities from barbs that have penetrated deeply

• risk of self-injury, particularly needle-stick injury 3.16.3.3 In the best interest and wellbeing of the subject or in the event of operational

necessity, police officers trained in probe removal, minimum standards of forensic recovery and the associated risks may carry out this procedure. Barbs in particularly vulnerable areas (e.g., the eyes, head, neck or genitalia) should always be removed by medical professionals only, ideally in a hospital setting.

• Break the wires approximately 2 to 3 inches (5 to 7 cm’s) from the probe. This is to ensure the forensic credibility of any future examination of the probe is not compromised. (If a later examination is required and sufficient wire is attached to the probe, it can be forensically established which was the top or bottom probe)

• Where barbs are attached to clothing (with no penetration of the skin) they may gently be removed by pulling on the barbs.

• If barb penetration has occurred to high risk areas of the body, such as the eyes, face or genitalia, then no attempt should be made to remove them without medical supervision. In these circumstances the subject should be conveyed to hospital immediately.

• Removal of barbs from the skin of other body areas can be achieved by supporting the body with one hand placed away from the probe being removed. Then, using the other hand, grasp the probe with the thumb and forefinger and gently but swiftly pull on the shaft of the probe to remove. Do not twist or rotate the probe during removal.

• Visually inspect probe to ensure it is complete (including the barb) and that no fragments are left in the skin. If it is suspected that part of the barb remain in the skin then this will require referral to a hospital.

• Secure probes in an appropriately labelled container 3.16.4 Taser information leaflets 3.16.4.1 At the earliest opportunity a person who has been subjected to a Taser discharge

should be given an information leaflet explaining CED and its effects for their personal information (Advice to People subjected to Taser Discharge). This will be recorded on the Custody record where appropriate. The leaflet Advice to Healthcare Professionals should be provided to any Doctor, Nurse or Health Care Professional treating a person who has been subjected to a Taser discharge or any Health Care Professional who is requiring information regarding the effects of Taser. The poster, Advice to Custody Officers and other Non-Medical Staff should be displayed in all custody areas for the benefit of custody staff.

3.16.5 Evidential collection of equipment 3.16.5.1 In all cases of a Taser being discharged operationally a minimum standard of post

incident evidence recovery should occur. 3.16.5.2 This minimum standard - where possible - is set out in NPCC circular 3/2007 and is

reproduced below.

Item to recover Explanation

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Cartridge Including wires and probes to show complete and range used at. Not to be spooled

Identification Discs 2 or 3 to confirm serial number, photograph location if possible.

These are spread randomly and will not show trajectory. Photographs/Video Incident detail to show; scene, weapons involved/available to

suspect, Identification Discs/officer location, suspect locations, injuries to police/suspect, probes location. Intention to tell as much of the incident in visual image detail as possible.

FME Report All arrested persons who have been subjected to the discharge

of a Taser must be examined by a FME as soon as practicable after arrival at the custody suite.

Taser Discharge Required for national records. report Use of Force report Required for national records. Data-port Download Print out for use of Taser

3.16.5.3 Taser officers are trained in the forensic recovery of evidence and have access to

Taser Discharge Kits when carrying Taser. These kits contain:

• Advice Form for people subjected to Taser discharge

• Advice Form for Health Care Professionals

• Packaging for Probes and Identification Discs

• Packaging for Probes/ID Tags/Blast Doors

• Packaging for Cartridges

• Evidence bag and seal 3.16.5.4 On each occasion the Taser is discharged operationally this kit will be used and the

Taser Officer’s immediate supervision will oversee the procedure in conjunction with the FIC/FIM.

3.16.5.5 The officer involved in the discharge should not be the officer collecting the evidence,

unless it is an operational necessity and no other officer is available.

3.16.5.6 It is the responsibility of the Taser Officers to ensure that all advice forms are

distributed appropriately post discharge. 3.16.5.7 Evidence kits must be retained and recorded on local property systems and will be

retained for a period of no less than 7 years. 3.16.6 Taser Examination and Download

• Following a firing the Taser should be removed from operational use as soon as practicable and returned to the secure storage for download.

• In Dorset notification is sent via a NICHE workflow to the Armourers and TFU for them to arrange for the Taser to be brought to the Armourers, downloaded and tested for correct functionality and subject to passing the test returned to operational use. Cartridge replacement after use require that the serial number of

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the cartridge(s) which have been used to be added to the Armoury section of the Taser workflow.

• In DCP the above process may also be conducted by a station SPOC and G4S via the internal mail used for transportation.

3.16.7 Recording and Reporting 3.16.7.1 Following any use of Taser, a Use of Force form must be completed (Devon and

Cornwall – Snap Survey; Dorset – NICHE) Dorset officers only:

• 'Taser Deployment Form' to be completed and emailed to the Force Taser SPOC (Dorset)

• Commence Niche Workflow 3.16.8 Professional Standards Department (PSD) Referrals 3.16.8.1 Full post incident procedures will generally not be required unless the circumstances

involving the discharge of Taser have or may have:

• Resulted in death or serious injury

• Revealed failings in command, or

• Caused a danger to officers or the public 3.16.8.2 Where full post incident procedures are deemed necessary by the FIC/FIM this will

include a mandatory referral to the Independent Office for Police Conduct (IOPC) via the on-call Professional Standards Department officer. The forces respective Post Incident Procedures (PIP) policies will now be followed and will supersede all other process referred to in this policy.

3.16.8.3 The Force SPOC will notify the National Less-Lethal Secretariat of any use of Taser which results in death or serious injury.

3.16.8.4 Where the mandatory referral criteria (at 3.23.3) does not apply but where the case

becomes high profile, or where there are exceptional circumstances, the matter will be referred to PSD who will strongly consider voluntary referral to the IOPC. The following circumstances should be considered as non-exhaustive:

• Drive stun mode (cartridge off)

• Subject suffering from existing mental health disorder

• Subject young (under 18)

• Subject considered vulnerable

• Use in confined spaces – Custody/already handcuffed/restrained 3.16.8.5 Where none of the above applies however the usage falls into one of the following

criteria below then this will require referral to PSD for their consideration for any follow up action:

• Complaint

• Injury to subject (other than barb)

• Venue deployed – (hospital/education/ Mental Health Setting)

• Repeat or extended application

• SPOC considers controversial

3.17 Suspension of Taser Authority [FOIA – Open]

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3.17.1 A Taser officer’s authorisation may be suspended if for any reason a supervising officer feels that the officer is not fit to perform the role of a Taser Officer at that time. This includes both physical injury/impairment, and issues that may affect the officers judgement in terms of the deployment and use of Taser. An officer may also elect to self-suspend, and temporarily surrender their authorisation.

3.17.2 In Devon and Cornwall, an email or report is required outlining the circumstances in

brief. In the case of AFOs, a confidential file will be created by TFU; in the case of STOs, their line manager in consultation with learning and development Officer Safety training leads.

3.17.3 In Dorset, this will be completed via form A343T. Reinstatement will be by form A344. 3.17.4 For Taser officers who are also AFOs the suspension of a Taser authority whether

voluntary or enforced would affect their ability to perform their firearms duties. Reference should be made to Firearms Standard Operating Procedures.

3.17.5 Should an AFO lose their firearms authorisation they can continue to hold CED

authority unless advised otherwise by either TFU or the Force Operational Training Manager (Devon & Cornwall) or the Chief/Deputy Chief Firearms Officer for Dorset.

3.18 [FOIA – Closed s.31(1)(a)]

3.19 Unintentional Discharges [FOIA – Open] 3.19.1 Any officer who has a negligent / unintentional discharge of a Taser CED will

immediately self-suspend and inform; in the case of STO’s, their supervisor and the Operational training unit leads, or in the case of AFOs, the Force Firearms Inspector or Force Incident Manager. The officer will complete a duty report outlining the circumstances and submit the report together with a copy of the data download to their first line manager who in turn will submit the report to the officer safety training leads. In the case of AFOs, to the Chief Firearms Instructor.

3.19.2 In the event of the unintentional discharge of a police CED, officers will ensure that

‘Form 2508 (Police) – Report of Injury, Assault or Dangerous Occurrence’ (Devon and Cornwall) or form eA25 (Dorset) is completed. This is to ensure compliance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR), (a death or injury arising from deliberate police action directed at an individual, for example during arrest or self-defence would not be notifiable).

3.20 Downloading Taser [FOIA – Open] 3.20.1 Tasers should be routinely downloaded and inspected at least every eight weeks.

This ensures the reliability and serviceability of the Taser and can provide timely indications of faults. Any concerns or faults are to be reported to the Force Armourer at Headquarters as soon as possible for guidance. The defective Taser will be removed from operational service until rectified. If, during a download, it is indicated that there is an update for the CED, the update should not be accepted unless this update has had approval from the Home Office. This will be communicated via the forces Taser technicians and Force SPOC.

3.20.2 It is the responsibility of the armoury staff or trained downloaders to ensure each

CED is downloaded every eight weeks as per APP (at that time a full function check

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will be carried out). This information will be retained to provide an audit trail of the activation of each CED. It is also the responsibility of the downloading officer to ensure that the time clock in the Taser is synchronised with the relevant computer to ensure time inaccuracies are kept to a minimum.

3.21 Movement of CEDs and Cartridges [FOIA – Open] 3.21.1 In Dorset any movement of CEDs or cartridges between the Armoury and the

stations will be via NICHE using the TFU to transport. 3.21.2 In Devon and Cornwall emails will be via the armourer and the internal G4S mail

system utilised.

4 Consultation and Authorisation [FOIA – Open]

4.1 Consultation

4.2 Authorisation of this Version

Version No: 1.11 Name Signature Date

Prepared: Operational Policy Officer 10/11/20

Authorised: Supt Drummond-Smith 31/10/20

Approved: Supt Drummond-Smith

31/10/20

5 Version Control [FOIA – Open]

5.1 Review

Date of next scheduled review Date: 10/11/21

Version No: 1.11 Name Signature Date

Police & Crime Commissioner

Police Federation

Superintendents Association

GMB / UNISON / Unite

Other Relevant Partners (if applicable)

Operations Training Unit 20/10/20

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5.2 Version History

5.3 Document History

Present Portfolio Holder Supt Ian Drummond-Smith

Present Document Owner C/Supt Ian Lawler

Present Owning Department Alliance Operations Department

Details only required for version 1.0 and any major amendment ie 2.0 or 3.0:

Name of Board: N/A

Date Approved: N/A

Chief Officer Approving: N/A

Version Date Reason for Change Created / Amended by

1.0 07/11/2017 Initial Document Operational Policy Officer

1.1 08/05/2018 Policy Amendment Operational Policy Officer

1.2 21/05/2018 Policy Amendment Operational Policy Officer

1.3 12/12/2018 Policy Amendment Operational Policy Officer

1.4 04/02/2019 Policy Amendment Operational Policy Officer

1.5 03/07/2019 Policy Amendment Operational Policy Officer

1.6 01/10/2019 Amendment to 3.12.4 Operational Policy Officer

1.7 14/10/2019 Policy Amendment Operational Policy Officer

1.8 21/10/2019 Addition of 3.2.4 Operational Policy Officer

1.9 14/02/2020 Amendments at 3.4.5 Operational Policy Officer

1.10 15/06/2020 Amendment to 3.19.1 Operational Policy Officer

1.11 10/11/2020 Amendment to 3.7.1 Operational Policy Officer

1.12 11/12/2020 Amendment to 3.14 Operational Policy Officer

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APPENDIX A – Specific Risk Factors [FOIA – Open] Children and small adults may be at greater risk of cardiac effects from a CED. The Defence Scientific Advisory Council Sub-committee on the Medical Implications of Less-lethal Weapons (DOMILL) statement reference DSTL/BSC/27/01/07 dated 30 May 2007 - identified children and adults of smaller stature as being at potentially greater risk from the cardiac effects of Taser currents than normal adults of average or large stature. DOMILL recommends that officers should be particularly vigilant for any Taser-induced adverse responses in these subjects. Mental disorder or illness – where it is possible to discuss options with mental health professionals this should be considered at the earliest opportunity. Existing medical conditions or under the influence of drugs – where these factors become apparent assessment of these additional risk factors should be made in determining the appropriate action. Flammability and Vapour Explosion risk. Flammability, and vapour explosion risk are important issues which will significantly affect tactical decision making within the national decision model. Because the effect may be to set a subject on fire, or cause an explosion this significantly increases the injurious nature of the expected outcome, and may be fatal requiring a much higher level of justification. Flammable liquids, vapours and gases are not all the same, however for any substance that can be ignited with a match then it should be expected that Taser will have the same effect, rather like an electric oven lighter. This can include but is not limited to:

▪ gases (cylinders) ▪ liquids (alcohol / spirits / fuels) ▪ explosives (IED / person borne device) ▪ ammunition (pyrotechnics) ▪ chemical laboratory (industrial / illicit drug production) ▪ irritant sprays; ▪ CS spray is flammable (Used by some forces) ▪ CapTor 1 is flammable (Used by some forces) ▪ CapTor 2 is non-flammable (Used by Devon & Cornwall and Dorset Police) ▪ “bite-back” dog repellent spray

Particular risk is associated with areas that contain petrol or similar vapours, particularly enclosed spaces. Such vapours, in the right ratio of vapour to air, can become explosive and there is a significant risk they could be ignited by a discharging a CED, presenting a hazard of serious and fatal injuries to all present, including the officer. It is not possible for officers to predict whether such a vapour/air mix is explosive or not as it may be too rich (too much vapour) or too lean (too much air) for combustion. Venting premises may dissipate the vapour but if the vapour/air mix has been too rich then venting may bring it into the explosive/combustible range. On such occasion specialist advice should be sought from the fire service. Secondary Injury – The normal reaction of a person exposed to the discharge of a CED is the loss of some voluntary muscle control resulting in the subject falling to the ground or “freezing” on the spot. There is a possibility of some secondary injury to the subject, caused by falling and striking a hard surface. The risk of concussive brain injury as a result of the head hitting a rigid surface is considered especially pertinent. Particular attention should therefore be paid to the

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immediate environment and to assessing any additional risk factors. This issue will be particularly relevant where the subject is located at some height above the ground where there is increased risk from a fall. Repeated, prolonged and/or continuous exposure to electrical discharge – This may cause strong muscle contractions that may impair breathing and respiration, particularly when the probes are placed across the chest or diaphragm. Penetration of Probe – there is a specific risk of injury to the eye through penetration of a probe. Probe penetration of the head or neck may also increase the level of injury. The Taser should not be aimed so as to strike the head or neck unless this is unavoidable. Pregnancy – The potential effects of CED discharge on the foetus are unknown, and pregnant women should be referred for specialist obstetric review. It should be assumed that there are heightened risk factors to the unborn child from the subject falling. Railway Environment – CAST has undertaken some research into the use of Taser CED in a railway environment, specifically, Taser CED wires touching live rails or overhead high voltage cables. The research concluded that Taser CED wires touching the live rails on either the underground or overground DC system would not pose a significant risk to the Taser CED operator. However, a Taser CED wire connecting with the overhead AC high voltage system would pose a risk to the Taser CED operator. Consideration must be given as to the location of the subject at the point of firing, in particular proximity to platform edge, live rails or the risk of falling from heights. Airport / Aircraft Environments - There may be significant risks in relation to the deployment / discharge of Taser airside at an airport. “Airside” for Taser deployment purposes can be viewed as, airside in the terminal building, which poses no additional risks, and airside external to the terminal building, which potentially poses significant risks due to the proximity of aircraft and flammable substances. Taser Cartridges - The cartridge contains compressed nitrogen at 2000psi and a conventional burden primer. The dangers associated with cutting, crushing, burning or disassembling the cartridge should not be underestimated, particularly if the probes are still in place. Simply removing the probes does not render the compressed nitrogen and primer ‘spent’. Use on Animals - CEDs can be deployed against animals and in particular dangerous dogs. The criteria for deployment must be satisfied, the same as for deployment in other non-firearms policing situations. Special consideration must be given to contingencies when deploying CEDs in pre-planned situations involving dangerous dogs. The following should be considered:

a) The small target area of the animal b) The insufficient spread of the probes resulting in localised effects on the

neuromuscular system c) The animal escaping into the public domain d) How the animal will be secured during the activation of the CED.