ACPO Conflict Management Taser Trial by Specially Trained Officers (STO’S)

Report: 9a
Date: 25 October 2007
By: Assistant Commissioner Central Operations on behalf of the Commissioner

Summary

This report provides details of the Association of Chief Police Officers (ACPO) Conflict Management Taser Trial. The trial extends the use of Taser to Specially Trained Officers in non-firearms situations. The Metropolitan Police Service (MPS) has been asked to take part in the trial and intends to use selected officers from the Territorial Support Group. The trial will run for 12 months.

A. Recommendation

That the Authority approves the participation of the Metropolitan Police Service in the ACPO Taser trial using officers from the Territorial Support Group.

B. Supporting information

Background

1. The MPS has been using Taser since 2003; since that time it has been used about 200 times, without adverse incident. Since its introduction the threat assessment has increased and we are seeing more gratuitous violence (especially that involving the use of knives) being used against the Police and the Public. This increasing continuum of violence necessitates a reaction and a proportionate response is an extension in the use of Taser. After due consideration, the Home Office has asked the Police, through ACPO, to conduct a trial. This trial quite clearly demonstrates a major shift in policy and the MPS wishes to participate in the trial. The subject of extending the use of Taser was initially raised at a recent Coordination and Policing Committee and is now before full Authority.

2. An initial Taser trial commenced on the 21 April 2003 and lasted for a period of 12 months. This examined the use of Taser as a less lethal option alongside conventional firearms (within a firearms authority). The MPS was part of this trial. In September 2004, following independent evaluation, the Home Secretary authorised Taser for all police services as a less lethal option for police operations involving the deployment of Authorised Firearms Officers (AFO). Having examined all uses to date, the Association of Chief Police Officers (ACPO) has concluded that an extension is appropriate in other conflict management situations where the criteria to authorise the issue of firearms are not met.

3. A submission was presented to the Home Office seeking an extension to the operational deployment of Taser outside of the firearms criteria. Having now considered this submission, the Home Secretary is supportive of an extension and a further trial involving specially trained officers.

4. The MPS already employs a wide range of less lethal tactical options. These include negotiation, physical restraint through approved self-defence techniques, use of equipment such as handcuffs, batons and CS spray and, where necessary, officers deployed with public order equipment.

5. Taser has been proved to be safe. It sits below CS spray and batons on the continuum of force and, properly used, causes less injury than can potentially be caused by those items of equipment. Current tactics often require several officers to subdue a determinedly violent individual who may not react to pain compliance. This puts officers at risk and can lead to the individual receiving unnecessary and unintended injuries. Taser gives officers distance control and will, in the right circumstances, allow violent individuals to be restrained quickly and safely.

6. ACPO and the MPS firmly believe that the extended use of Taser will make both police officers and public safer when resolving violent situations. Impetus for change came in November 2006 when officers from Sutton were called to deal with a schizophrenic male armed with a machete. Not deemed a Taser incident, the officers spent about 90 minutes following the man around the streets, keeping the public away until they had sufficient numbers to restrain him. As they moved in, a female officer was stabbed, her life being saved by her webbing belt. Taser would have led to quicker and safer resolution. Quicker resolution is also likely to reduce confrontation that is often caused during protracted incidents. This is the main driver behind the change of use of Taser.

7. A preliminary statement has been issued by government medical advisors (DOMILL) supporting the use of Taser as part of the ACPO trial. The medical review, which included such matters as the effect of electrical current on pace makers, cardiac issues and any potential complications from certain drugs, has now been completed. The review did not identify any detrimental effects from the use of Taser on the human body.

8. The Taser is a single shot weapon designed to temporarily incapacitate a subject through the use of an electrical current, which temporarily interferes with the body’s neuromuscular system. It is not a firearm although, until now, it has only been used in the UK by AFOs; like CS spray it is a prohibited weapon but is essentially another piece of officer safety equipment.

9. The Taser is laser-sighted and uses cartridges attached to the end of the cartridge bay. The cartridges project a pair of barbs or darts attached to insulated wires. The maximum range of the device is currently 21 feet (6.4 metres); this being the length of the wires that carry the current and attach the barbs to the weapon. It may also be used in a direct contact stun mode. The device delivers a sequence of high voltage, low amperage pulses of very short duration through the wires.

10. The normal reaction of a person exposed to the discharge of the Taser is the loss of some voluntary muscle control resulting in the subject falling to the ground or ‘freezing’ on the spot. The device relies on physiological effects other than pain alone to achieve its objective.

11. The usage thus far has demonstrated that where Taser has been used, it has contributed to the effective resolution of the incident. Taser is not a replacement for existing personal safety tactical options, but is an option that should be considered alongside other personal safety tactical options, such as negotiation, batons, incapacitating sprays and dogs. These do not constitute a hierarchy of lawful force and should be viewed as a range of approved options from which the most proportionate and appropriate should be selected, according to circumstances, in order to meet the obligations set out above and below.

12. The Conflict Management Model, contained within the ACPO Personal Safety Manual of Guidance sets out the process by which a measured and appropriate response can be made to any situation involving conflict. 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

13. Taser currently sits within ACPO Police Use of Firearms (PUF). With the advent of the Home Office trial, it has transferred to the Self Defence Arrest and Restraint working group (SDAR). The MPS has held the chair of ACPO SDAR since 1998, the current chair being Commander Robert Broadhurst. The working group is assisted by the MPS officer safety unit, which undertakes research and manages the instruction of personal safety for the police service across the UK.

14. Being part of the Taser pilot will allow the MPA/MPS, through Commander Broadhurst and SDAR, to influence its development nationally as it moves out of the firearms arena and into mainstream policing.

Proposed area of operational use - ACPO trial sites

15. ACPO has sought assistance from ten Forces to ensure that there is a cross section of police areas within the Taser trial for specially trained officers (STOs).

16. Ten pilot Forces have been identified; they are:

• North Wales
• Northamptonshire
• Gwent
• Northumbria
• Merseyside
• Avon and Somerset
• West Yorkshire
• Devon and Cornwall
• Lincolnshire
• Metropolitan Police Service

17. ACPO and the Home Office have established guidelines for specially trained officers. All Chief Officers have identified which officers within their Force areas will be designated STOs. This has resulted in a cross section of police teams being trained and deployed with Taser.

18. The criteria ACPO established for STOs was that the officers:

• Will have been confirmed in the rank of Constable.
• Should possess sound judgement; a knowledge and understanding of the Conflict Management Model; have demonstrated maturity of action in the workplace; demonstrated an ability to use legitimate force in a proportionate manner and have an acceptable complaints and misconduct record. This being signed off by an officer of at least the rank of Superintendent.
• Will be expected to undergo an annual eyesight test in the same way that authorised firearms officers do, governed by local Force policy and procedures.
• Will be expected to be able to discharge a Taser accurately, pass the final examination at the end of the course, demonstrate competence at dealing with role-play scenarios in training and have knowledge and an understanding of the Conflict Management Model and dealing with vulnerable persons.
• Will be required to successfully complete annual refresher training. If they are found not to be competent during re-training then re-accreditation must take place or they will leave this role.

19. In selecting which MPS officers should take part in the trial, a study group looked at all specially trained officers and, in particular, those that provided a pan London uniform response. Traffic and dogs were eliminated because of the specialist nature of their work and the challenge of using Taser alongside other equipment.

20. The TSG were chosen because they work in teams, patrol in numbers, are often the first responders to violent situations and are closely supervised. This latter point is important, especially when it comes to authorising the use of Taser. They most closely fitted the requirements of the trial. The downside of using the TSG is that their shift pattern does not cover the period between 0400 – 0800.

21. In addition to the selection criteria set by ACPO, Central Operations reviewed additional criteria to ensure that officers who participated in the training programme were fully compliant with officer safety and emergency life saving training.

22. Taser will only be used by TSG officers when they are on the Commissioner’s Reserve posting. There are three Commissioner’s Reserve units on duty every day covering the period from 0800-0400. Each unit comprises three carriers and each carrier will have a pair of Taser officers on board. Hence each unit will have six Taser officers and a maximum of 18 across London on any given day.

23. The use of the TSG also enables the units to have tactical options if the Taser was to fail to work, this could include other officer safety tactical options such as CS spray or the use of shields, etc. TSG officers are highly trained and motivated, meeting all the criteria set by ACPO. Due to their role within the MPS they are ideally placed to meet the support requirement of Borough officers.

24. The Taser training package was designed by an ACPO Taser Practitioners Group with representation from ACPO Firearms and ACPO SDAR. The course allows for each officer to be assessed in all skill areas within conflict management including judgmental issues.

25. 350 TSG officers will be trained in the use of Taser at the Metropolitan Police Service Training Centre. The Taser course is a two-day course. 200 officers have passed the course to date. In total the MPS will run 15 courses for TSG officers. Each course can have a maximum of 24 officers. It is a rigorous pass/fail course with a current failure rate of about 5%.

Proposed area of operational use

26. The ACPO guidelines for the deployment of Taser by STOs are:

• Tasers are to be deployed with Specially Trained Officers, where the authorising officer has reason to suppose that they, in the course of their duty, may have to protect the public, themselves and/or the subject(s) at incidents of violence or threats of violence of such severity that they will need to use Force.
• Taser will be readily available.
• Once deployment of a Taser option has been authorised, to conflict management situations, usual supervision will apply.
• Due to the diverse nature of policing operations it is not possible to provide a definitive list of circumstances where the use of Taser would be appropriate.
• Operational guidance has been written to inform and support decision making in relation to an operational trial stipulating training, deployment and use.

27. There is no such deployment as a Taser deployment per se. All requests for TSG will be monitored by Central Communications Command to ensure that the deployment is correct and necessary. As with the ACPO guidelines the MPS will not provide a definitive list of incidents where the Taser will be used.

28. The Taser will form part of the tactical options available to TSG officers who will, when authorised, deploy the Taser. The ACPO conflict management model is not a continuum of Force and as such, all personal safety tactical options will be considered.

29. TSG supervisors will authorise the deployment of Taser where the operational guidelines are met. Non-TSG supervisors or managers cannot order the deployment of Taser to an incident. This does not preclude an immediate deployment by an officer under current use of Force legislation where the requirement for a use of Force is immediate. However at all times the use of Force will need to be justified and proportionate.

30. The MPS, during the 12 months of the ACPO trial, will not deploy Taser in any pre planned public order event where the TSG have been identified as a resource within an operation order. No public order tactics have been instructed with Taser during the training.

31. The X26 Taser being used for the trial will be yellow and carried in an enclosed holster, which is secure and allows for protection of the weapon.

Post Incident Protocols

32. The Post Incident Protocols (PIP) for the Taser trial have been set by ACPO and are identical to those used by Taser officers within the firearms command. The TSG supervisors will manage the PIP requirements and forensic retrieval required when a Taser is deployed. Usage will be monitored by DPS, who will report to the MPA.

33. All Taser uses have to be recorded by the individual officers as a use of Force. In addition to the officers’ own record an ACPO Taser form has to be completed and sent to ACPO SDAR. These forms identify the officer, the type of deployment, type of incident and the number of times the Taser was used. It will also record the ethnicity of the person restrained and any injuries or medical examinations that were undertaken.

34. The Taser has a Dataport that records all activations of the weapon and this is downloaded after every incident. Each weapon is subject to a data download every four weeks to ensure compliance with policy. Random downloads will be undertaken by unit inspectors.

35. Taser discharges are only required to be referred to the Independent Police Complaints Commission (IPCC) if the discharge:

• Resulted in death or serious injury;
• Caused danger to the public; or
• Revealed failings in command.

36. This does not preclude the police services referring discharges in other circumstances if they think it appropriate.

37. The IPCC have stated that they support a gradual and monitored extension of the use of Taser, and have requested all Forces participating in the trial to refer all complaints from the public about the use of Taser to them. This is in addition to the current requirement. The monitoring of complaints will identify any areas of concern and the IPCC can decide to investigate the incident, if appropriate.

38. The MPS Directorate of Professional Standards has protocols in place to undertake this action.

39. A large number of Taser uses within the UK to date have been on violent persons in possession of weapons other than firearms or persons who have been so violent that conventional personal safety tactics would not be sufficient for a safe conclusion, to the officer, or other persons present including the subject. Utilising armed response vehicles removes a valuable resource from their primary role of dealing with armed criminality in London.

40. The additional resources that the TSG can provide on Commissioner’s Reserve will allow deployment of Taser across London that will fulfil the safety needs of officers and the public.

41. The use of Taser by the TSG will be fully evaluated both by the MPS but also as part of the national trial. Following the Sutton incident referred to earlier, there is a clear desire within the MPS to have Taser as widely available as possible, potentially at borough level. No decisions on the future use of Taser will be made until after the trial.

C. Race and equality impact

1. Each deployment of the Taser will be strictly monitored, taking account of equal opportunity and diversity policies and objectives of the MPA and MPS. There are no other implications identified at this stage of development but any that emerge will be fully explored to ensure the requirements of the MPS Race Equality scheme are fulfilled.

2. The MPS has held a series of meetings with Independent Advisory Groups and a communication strategy has been developed to ensure that the participation in the trial is advertised to all MPS partners and the public. A comprehensive community engagement strategy is in place, which will be led by TSG Chief Inspectors and Inspectors visiting key groups and stakeholders. An internal package has been prepared to ensure that all MPS staff are aware that Taser is coming and what it will provide.

D. Financial implications

1. There are sufficient stocks within the MPS to facilitate deployment. Each Taser pack costs £800 (+ VAT) this includes cartridges and holster. Each cartridge is separately priced at £15 (+ VAT).

2. The MPS established a contract with Taser UK for the supply of Tasers and cartridges holsters etc. after the approval to issue all armed commands within the MPS with Taser. This contract has been used to procure 70 Tasers and 4500 Taser cartridges (3000 training and 1500 live). Three simulation suits for trainers to wear during scenario training have also been purchased.

3. Further equipment necessary to download, store and record Taser issue and user data in addition to further security to store the equipment has been purchased.

4. To commence the ACPO Taser trial, the MPS would require 1500 live cartridges, in order that each TSG base had 300 cartridges. This would cost £25,320.

5. The start up costs for the trial have been found from within Central operations budgets.

3. The income identified is less than that identified in section D Financial Implications paragraph 1 as the majority of commercial events, i.e. where cost recovery is currently permitted, are policed by less than 300 officers. In total, the MPS police some 3,000 events a year. With the establishment of SOPs reinforcing the need for event organisers to pay for policing commercial events, systems will be put in place to provide financial management reports on income recovered on all commercial events to highlight achievement against the approved policy.

4. At present a significant resource is effectively subsidising the delivery of commercial events. Any measures taken to increase the Service’s ability to recoup its costs will allow resources to be realigned to the delivery of MPA/MPS policing objectives.

E. Background papers

None

F. Contact details

Report authors: Commander Robert Broadhurst

For information contact:

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

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