Introduction of the 'Baton Gun' weapon system as a 'less lethal' option

Report: 08
Date: 27 June 2002
By: Commissioner

Summary

This report provides details of how the MPS intends to introduce the baton gun, and baton round, as a 'less lethal' option in self defence, arrest and restraint scenarios.

A. Recommendations

1. Members are asked to note and support the introduction by the Metropolitan Police Service of the current generation baton gun system into service as a 'less lethal' option in self-defence and arrest and restraint scenarios.

B. Supporting information

Introduction

1. The Metropolitan Police Service (MPS) is fully committed to the introduction of suitable 'less lethal' technology and options. This is in line with the legal and moral obligations on police to restrain violent or armed individuals using the minimum amount of force, whilst protecting members of the public and ensuring officer safety.

2. Any introduction of a new 'less lethal' technology or option needs to be carefully considered. A balance must be achieved between ensuring that the people of London, and the police officers protecting them, are not put at increased risk of harm whilst at the same time retaining the protection of the rights of an armed or potentially dangerous individual. Members will wish to bear in mind the following three points when considering this paper:

• The MPS already employs a wide range of 'less lethal' equipment and options. These include negotiation, physical restraint through approved self-defence techniques, use of personal protective equipment such as handcuffs, batons and CS spray and, where necessary, specialist officers deployed with dogs, horses or public order equipment. The choice of an option, or options, is made following a risk assessment of the circumstances at a particular incident. Any new 'less lethal' option or technology should be seen in this context.
• The agreed Home Office and Association of Chief Police Officers (ACPO) wording of 'less lethal' takes into account the fact that any use of force against a person, irrespective of the method in which applied, carries a degree of risk. For example, a person struck by a supposedly non-lethal weapon might fall and sustain secondary injuries or suffer medical complications. Whilst extensive scientific and medical research (as well as guidelines and training) go some way to reducing these risks, there remains a real possibility that a small number of individuals might regrettably receive fatal, albeit legally justifiable, injuries through police intervention.
• The Home Office, ACPO and the MPS are in agreement that 'less lethal' options and technologies should not be seen as a direct replacement to the police use of firearms. It remains the case that where a person is armed with a firearm, or otherwise so dangerous as to put life in imminent danger, firearms will be deployed. This is because the risk posed to others is invariably so great that it is considered necessary and proportionate for police to have an option available to immediately incapacitate them. Currently, there are no other 'less lethal' technologies, either available or near to being available that are capable of causing such immediate incapacitation at safe distance. 'Less lethal' options are best utilised as a way of debilitating a suspect so that police can obtain a tactical advantage in appropriate circumstances.

Background

3. The MPS will be introducing the L104A1 Baton Gun with XL118 optical sight, firing a L21A1 plastic impact projectile (baton round). These three elements combine to form a highly accurate single shot weapon system with an 'illuminated red dot' aiming sight and back-up fixed aiming sight. The baton round used is designed to have standard kinetic properties at all distances between 1 and 50 metres.

4. Although this new system fires a plastic impact projectile, hence the term baton gun, it should not be confused with the older, less accurate, black powder type baton guns previously in service for serious public disorder.

5. This baton gun is the first of the new generation technologies to be approved as a 'less lethal' option by the Home Office and recommended for introduction as such by the Association of Chief Police Officers (ACPO). It has also been favourably received as a 'less lethal' option by the Police Complaints Authority (PCA). These recommendations followed extensive scientific evaluation by the Police Scientific Development Branch (PSDB) and independent medical evaluation by the Defence Scientific Advisory Council on the Medical Implications of 'Less Lethal' Options (DOMIL).

6. These baton guns have already been introduced into service as a 'less lethal' option in self-defence and arrest and restraint scenarios by a number of UK police forces. They have been operationally deployed in this capacity a number of times and have been fired twice, the first shooting being in North Wales on 27 February 2002 and the second in Surrey on 7 April 2002. Both these incidents are under investigation. They have also been brought into use in Northern Ireland; in all these firings there have been no fatalities, unlike previous generations of baton gun.

7. Following consideration of the evaluation referred to in paragraph 5 and the creation of appropriate guidelines and training (in harmony with ACPO), the MPS 'less lethal' options working group, chaired by Commander Baker, recommended the introduction of the baton gun as a 'less lethal' option to Management Board in May 2002. Management Board took an 'in principle' decision to introduce the baton gun into service and look for support from the MPA in this decision.

Proposed area of operational use

8. Where a person is armed with a firearm, or otherwise so dangerous as to put life in imminent danger, conventional firearms will be deployed. However, the baton gun should be available for issue and deployment at appropriate firearms incidents as an additional tactical option in support of conventional firearms.

9. The baton gun is primarily for use in situations of serious violence, such as those involving knives or other bladed implements. Due to the nature of policing, it will never be possible to provide a definitive list of situations in which use of the baton gun may be appropriate.

10. However, its use may be appropriate where immediate incapacitation is not imperative and the threat faced, at the time, could be controlled and neutralised without recourse to conventional firearms, and:

• There is reason to suppose that its use is necessary and proportionate to reduce a serious risk of loss of life or serious injury, including the loss of life as a result of the police use of firearms, and;
• other methods of policing to neutralise the threat have been tried and failed, or by the nature of the circumstances unlikely to succeed if tried.

Proposed method of deployment

11. The MPS will adopt the ACPO guidelines, which are already in place elsewhere in the UK mainland. These dictate that the baton gun will be deployed with officers armed with conventional firearms in support. This is to provide a capability to respond to any escalation in violence.

12. The initial plan in the MPS is for two baton guns to be made available in each of the SO19 Armed Response Vehicle (ARV) supervisor's vehicles. This will provide a maximum of four baton gun equipped vehicles, consisting of three core shift vehicles available at all times and a further vehicle available between 8am and midnight. Additional baton guns will be available from certain armouries.

13. The officer in charge of the incident scene, (advised by the SO19 Tactical Advisor) will consider in the prevailing circumstances whether deployment of the baton gun is appropriate. If this is the case, the SO19 supervisor will issue the baton gun to appropriately trained SO19 ARV staff.

14. Full training together with written deployment guidelines, tactics and post incident procedures/investigation protocols will be in place prior to deployment commencing.

15. The deployment of baton guns will be reviewed in the context of the current assessment of ARV provision and working arrangements.

C. Financial implications

There are sufficient stocks within the MPS to allow for deployment. Each baton gun costs £1082 and a box of 100 rounds of ammunition costs £450. Costs can met from existing budgets.

D. Background papers

None.

E. Contact details

Report author: Commander Baker, SO Department and Inspector Stuart Dark, SO16, MPS.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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