Operational Use of TASER by Authorised Firearms Officers

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1 Operational Use of TASER by Authorised Firearms Officers Procedure Reference Number: Approved: Superintendent P Wilson (Uniform Operations) Author/s: Lisa Ritchie PC S Lawrence Produced: 16/09/2011 Review due: July 2014 Review approved: (For Superintendent P Wilson reviewed procedures only) (Uniform Operations) Update in line with national Guidance 01/05/ th May 2011 Policy Officer, Vector Firearms Instructor, Vector 26th May 2011 Not Protectively Marked 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1 Procedure Aim/Purpose/Scope Guidance INTRODUCTION USE OF FORCE AUTHORISATION METHOD OF DEPLOYMENT ORAL WARNINGS CROSS BORDER OPERATIONS AFTERCARE POST INCIDENT PROCEDURES POST INCIDENT PACK Responsibilities ASSISTANT CHIEF CONSTABLE (FIREARMS PORTFOLIO HOLDER) SUPERINTENDENT (UNIFORM OPERATIONS) FIREARMS INSPECTOR STRATEGIC FIREARMS COMMANDER (GOLD) TACTICAL FIREARMS COMMANDER (SILVER) FORCE INCIDENT MANAGER (INITIAL COMMANDER) OPERATIONAL FIREARMS COMMANDER CHIEF FIREARMS INSTRUCTOR TACTICAL ADVISOR AUTHORISED FIREARMS OFFICER THE FORCE ARMOURER THE TASER LIAISON OFFICER Appeals Compliance Not Protectively Marked 2

3 1 Procedure Aim/Purpose/Scope 1.1 This procedure applies to the issue, deployment and use of TASER by Cheshire Constabulary Authorised Firearms Officers. 1.2 The aim of this procedure is to provide written guidance to Chief Officers, Commanders and Authorised Firearms officers in the issue, deployment and use of Conducted Energy Devices by Authorised Firearms Officers. The only current device authorised for use by the Home Office Scientific Development Branch is the TASER, hereinafter referred to in this document as TASER. Separate guidance is published for the operational use of TASER for Specially Trained Units. 2 Guidance Click Here to Return to Index 2.1 Introduction The Home Secretary has authorised the use of TASER by firearms officers TASER will only be issued to Authorised Firearms Officers who have successfully completed approved training in the use of the device and who are currently authorised in its use This procedure together with the policy and operational guidance from ACPO on the Operational Use of TASER by Authorised Firearms Officers sets out the manner in which TASER will be issued deployed and used by Authorised Firearms Officers (See the Force Information Centre for a copy of this document) The use of TASER will also conform to the well-established guidance already laid down in the ACPO Manual of Guidance on The Management, Command and Deployment of Armed Officers and the ACPO Personal Safety Manual of Guidance (See the Force Information Centre for copies of these documents) No one will be voluntarily subjected to the effects of TASER under any circumstances When Authorised Firearms Officers trained in the use of TASER are employed on non-firearms duties and are required to carry TASER, the issue and use will fall under the Operational Use of TASER by Specially Trained Officers procedure. Not Protectively Marked 3

4 2.2 Use of Force Not Protectively Marked 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 The Police (Conduct) Regulations 2008 (Police Standards of Professional Behaviour) Details on the legal framework setting out the legislation and human rights principles relevant to the use of force and firearms by police officers can be found in the Manual of Guidance on The Management, Command and Deployment of Armed Officers held on the Force Information Centre Article 2 of the United Nations Basic Principles on the use of force and firearms states that: Governments and law enforcement agencies should develop a range of means as broad as possible and equip law enforcement officials with various types of weapons and ammunition that would allow for a differentiated use of force and firearms The use of TASER is determined by reference to the ACPO National Decision Model: Not Protectively Marked 4

5 2.3 Authorisation Not Protectively Marked The availability or deployment of the TASER should not be considered as a replacement for conventional firearms should the relevant criteria for the deployment of firearms be met. Authorised Firearms Deployment The deployment of Authorised Firearms Officers should only be authorised in the following circumstances: Where the officer authorising the deployment has reason to suppose that officers may have to protect themselves or others from a person who is in possession of, or has immediate access to, a firearm or other potentially lethal weapon, or is otherwise so dangerous that the deployment of armed officers is considered to be appropriate; or As an operational contingency in a specific operation based on the threat assessment; or For the destruction of animals which are dangerous or are suffering unnecessarily When the above criterion has been met and Authorised Firearms Officers are deployed with Firearms Authority they do not require an additional authority for the use of TASER The operational use of TASER is intended to provide firearms officers with a differentiated use of force. TASER ONLY Authority The ACPO Guidance on the Operational Use of TASER by Authorised Firearms Officers states that TASER can be authorised for deployment using the below principle: 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 subjects at incidents of violence or threats of violence of such severity that they will need to use force When Authorised Firearms Officers are deployed with a TASER ONLY authority the command structure will be in accordance with current advice contained within the ACPO Guidance on the Management, Command and Deployment of Armed Officers namely Strategic, Tactical and Operational firearms command structure. Not Protectively Marked 5

6 2.3.7 Authorising Officers should be aware that Authorised Firearms Officers are deployed in pairs whilst employed on firearms duties and therefore if issued with a TASER ONLY authority they will remain in pairs An authorising officer should consider using Specially Trained Units before deploying Authorised Firearms Officers with a TASER ONLY Authority. This decision will depend on factors such as resource availability and location of the incident When Authorised Firearms Officers are deployed with a TASER ONLY Authority the authorising officer should not instruct for their conventional firearms be removed. A Standing Authority is in place for Authorised Firearms Officers to be armed on duties as determined by the Force Strategic Threat and Risk Assessment which includes the protection of Armed Response Vehicles The Force Incident Manager is responsible for maintaining a record when Firearms Officers are deployed with a TASER ONLY authority. An issue register to allocate a unique reference number to each incident is held in the Resource Deployment Centre. Self Authorisation Where Authorised Firearms Officers encounter a situation where they believe that the criteria for deployment of TASER has been met, and delay in seeking authority to deploy would be detrimental to public or officer safety, officers should deploy and take the necessary and proportionate action in accordance with their training Where this occurs, the Authorised Firearms Officers should inform the Force Incident Manager as soon as practicable so that a Tactical Firearms Commander can be informed. The Tactical Firearms Commander should assess and review the actions of the Authorised Firearms Officers in line with the Conflict Management Model and determine whether continued deployment is appropriate. The Tactical Firearms Commander should also consider what further resources may be required and inform a Strategic Firearms Commander as soon as practicable. 2.4 Method of Deployment Detailed instruction on the characteristics, operation and use of TASER will be covered in the training and documentation provided to officers to be accredited in its use Protection is provided to officers who use TASER, and those upon whom it is used by data recorded within the device on each occasion that it is discharged. Not Protectively Marked 6

7 2.4.3 The term use of the TASER will include any of the following actions carried out in an operational setting: Drawing of a TASER in circumstances where any person perceives the action as a use of force. Sparking of the TASER commonly known as arcing. Aiming of the TASER or placing the laser sight red dot onto a subject. Firing of a TASER so that the barbs are discharged at a subject. Application and Discharge of a TASER in drive stun mode to a subject There is a risk of flammability when TASER is used on subjects who have been sprayed with flammable solvents. These may include (but are not limited to) lighter fuel, petrol and strong alcoholic spirits This heightened risk must be factored in assessing how appropriate and necessary the use of TASER is in these circumstances. It is recognised that there are circumstances where the only alternative may be the use of a conventional, potentially lethal firearm, or where activation of the TASER irrespective of the additional risk is absolutely necessary to protect life. 2.5 Oral Warnings Where circumstances permit, officers should give a clear warning of their intent to use TASER, giving sufficient time for the warnings to be observed, unless to do so would unduly place any person at risk, or would be clearly inappropriate or pointless in the circumstances of the incident It may in certain circumstances be appropriate to provide a visual display of the sparking effect of the unloaded TASER in order to induce compliance, thus avoiding the need to actually discharge the TASER at the subject The visual effect of the laser sight being directed at an individual may also have a deterrent effect. Officers should be aware that the pointing of a TASER at an individual represents a use of force and may in certain circumstances constitute an assault Police officers shall give the clear verbal warning TASER, TASER indicating to all persons in the vicinity that TASER is being discharged. 2.6 Cross Border Operations Cross border operations have been addressed within the national guidance which states: It is agreed that the Chief Constable of a Constabulary has a duty of care to their officers, regardless of whether they are operating within their own force areas. It is agreed, therefore that Forces will allow the carriage and operational use of the TASER, as per National guidance in line with the National Decision Model. Not Protectively Marked 7

8 2.7 Aftercare Not Protectively Marked Recovery from the direct effects of the TASER should be almost instantaneous, once the current has been turned off. After application of the TASER and once the subject has been properly restrained it is important that the officer provides verbal reassurance as to the temporary effects of the TASER and instructs the subject to breathe normally. This will aid recovery and mitigate against hyperventilation The barbs are designed to penetrate either the clothing or the skin. Injuries caused by TASER barbs penetrating the skin are normally minor If it is apparent that a person struck by TASER has injuries requiring medical attention referral to hospital should be considered Unless there is an operational necessity no attempt should be made by officers to remove the barbs which have penetrated the skin. This should only be done 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, the potential for additional trauma to the skin and superficial tissues of the subject, and risk of self injury. Needles/barbs in particularly vulnerable areas, such as the eyes, should always be removed by medical staff only. In the event of there being an operational necessity, only officers trained in barb removal and the risks should carry out this procedure However, officers also have a duty of care in relation to the well-being of individuals under their control. Where it is evident that the barbs are attached to clothing (with no penetration of the skin) they may be removed by gently pulling on the barbs. Care should be taken not to unnecessarily further damage the clothing Once the barbs are removed, they must be secured as evidence and any injury or damage noted. Barbs removed from the body should be considered as biohazards. It is important that suitable evidential containers are readily available. Once removed the barbs must be examined to ensure that they are complete Where officers are informed or come to believe that a person to whom the TASER had been applied has a cardiac pacemaker or other implanted device in place, immediate referral should be made to a 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 All arrested persons who have been subjected to the discharge of a TASER, must be examined by a Forensic Medical Examiner as soon as practicable. In instances where the detained person has sustained a head injury as a result of the secondary effect of the TASER discharge, the Forensic Medical Examiner should use his or her clinical judgement, based on the degree of injury incurred, to decide whether hospital referral is warranted. Particular attention should be given to detained persons who are known to have, or are suspected to be suffering from, diabetes, asthma, heart disease, epilepsy or any other condition (including alcohol and/or illicit drug intoxication) which may influence the individual s fitness to be detained and which, in some cases, may warrant transfer to hospital. (Where an individual is detained under Section 136 of the Mental Health Act and conveyed direct to a hospital this guidance must be brought to the attention of the doctor in charge of the Mental Health Unit at the hospital). Not Protectively Marked 8

9 2.7.9 Close monitoring of a subject throughout the period following application of the TASER is of utmost importance. If the person is detained in a cell they should be subject to the same cell supervision provided for persons who have consumed alcohol or drugs. If there are any signs of adverse or unusual reactions then medical attention should be provided immediately and if necessary this must be given precedence over conveying the subject to the police station Experience from the use of TASER in other countries, which is supported by medical assessment in the UK, has shown that the persons most likely to be at greatest risk from any harmful effects of the TASER device are those also suffering from the effects of drugs or who have been struggling violently. There are cases where such persons exposed to the effects of TASER have died some time after being exposed although the cause is unlikely to have been TASER itself. For this reason, such persons should be very closely monitored following exposure to the effects of the TASER. In addition, and as highlighted in other guidance, if there is any suspicion at all that the violent behaviour of any subject is being caused by excited delirium; they should be treated as a medical emergency and conveyed directly to hospital At the earliest opportunity following arrival at the custody suite, any person who has been subjected to a TASER discharge should be given an information leaflet describing the TASER, its mode of operation and effects (See Appendix E ). This should be fully explained and recorded on the custody record. 2.8 Post Incident Procedures In any situation where a TASER is discharged, full post incident procedures will only be implemented if the discharge: resulted in death or serious injury; or caused danger to the public; or revealed failings in command Full post incident procedures are outlined in Force Procedure Post Incident Procedure (Deaths During or Following Police contact) TASER discharges are only required to be referred to the Independent Police Complaints Commission if any of the above outcomes are evident or if the use of TASER results in an official complaint being made The decision to make such a referral will be taken by the Professional Standards Department following consultation with the duty detective superintendent. Any necessary out of hours contact with the Independent Police Complaints Commission will be in line with separate guidance issued by the Professional Standards Department. Not Protectively Marked 9

10 2.8.4 In all other circumstances a proportionate post incident procedure will be completed by the Initial Investigating Officer, who will be the duty Senior Investigating Officer working to the direction of the duty detective superintendent. This procedure will comprise of: probe recovery, TASER data download (as soon as is reasonably practicable) full report on the incident, including factors that led to the use of TASER (usually recorded on the NSPIS log) completion of electronic TASER/National use of force reporting forms A covering report will be completed by the Head of Professional Standards on the full factors that led to the use of TASER including any outcomes or recommendations. Full details on the proportionate post incident procedure is located in Force Procedure - Post Incident Procedure (Deaths During or Following Police contact) Upon completion, the post incident report will be retained by the Professional Standards Department with any organisational learning documented and actioned. 2.9 Post Incident Pack Each Armed Response Vehicle is supplied with a Post Incident Pack (which contains guidance and advise information for: Tactical Commanders check sheet (Appendix A) Escort Officers (Appendix B) GP/Hospital clinicians (Appendix C) Custody Officers (Appendix D) Subjects (Appendix E) On each occasion that TASER is discharged this pack is utilised and the Firearms Tactical Advisor or Operational Commander can assist with advice where necessary. It is the responsibility of the Firearms Operational Commander to ensure that the Tactical Commander / Duty Officer is handed a Post Incident Pack at the earliest opportunity after the incident Any unintentional discharge of a TASER where there has been no danger to the public will be referred to the Professional Standards Department to determine the extent of any internal investigation under police conduct or performance regulations. Click Here to Return to Index Not Protectively Marked 10

11 3 Responsibilities Not Protectively Marked 3.1 Assistant Chief Constable (Firearms Portfolio Holder) Assistant Chief Constable (Firearms Portfolio Holder) is responsible for authorising all firearms Commanders within force and maintains the Strategic Lead on all aspects relating to the Deployment of Armed Officers. Assistant Chief Constable (Firearms Portfolio Holder) must also ensure that Cheshire Constabulary retains sufficient numbers of competent officers to meet operational needs aligned to the current Strategic Threat and Risk Assessment (STRA). 3.2 Superintendent (Uniform Operations) Superintendent (Uniform Operations) is responsible for the coordination of Tactical Commanders (Silver) in force and is the tactical lead in firearms operations. 3.3 Firearms Inspector The Firearms Inspector is responsible for ensuring that officers conform to force procedures and national guidance in relation to the issue, deployment and use of TASER. 3.4 Strategic Firearms Commander (Gold) The Strategic Firearms Commander is responsible for determining the strategic objectives and sets any tactical parameters and retains oversight and overall command responsibility. 3.5 Tactical Firearms Commander (Silver) The Tactical Firearms Commander is responsible for developing, commanding and coordinating the overall tactical response in accordance with strategic objectives. 3.6 Force Incident Manager (Initial Commander) The Force Incident Manager is responsible for authorising the deployment of Firearms Officers with a TASER ONLY authority and to ensure that an appropriate command structure is instigated as soon as practicable. Where appropriate the Force Incident Manager should remain in command of the deployment until any transfer of command takes place. 3.7 Operational Firearms Commander The Operational Firearms Commander is responsible for commanding a group of officers carrying out functional or territorial responsibilities related to a tactical plan. Not Protectively Marked 11

12 3.8 Chief Firearms Instructor Not Protectively Marked The Chief Firearms Instructor is responsible for the training, accreditation and requalification of all Authorised Firearms Officers in the use of TASER and identifies and organises training for Chief Officers and Commanders in the deployment and use of TASER. 3.9 Tactical Advisor The Tactical Firearms Advisor is responsible for providing advice to Commanders on the effects and formulation of tactics. The role of a Tactical advisor is to advise and not to make command decisions Authorised Firearms Officer An Authorised Firearms Officer is a police officer who has been selected, trained, accredited and authorised by Assistant Chief Constable (Firearms Portfolio Holder) to carry a firearms and/or a TASER operationally. There are specialist roles for which Authorised Firearms Officers receive specific tactical training and accreditation The Force Armourer The Force Armourer is responsible for downloading information from the TASER equipment for purposes of maintenance and post-incident enquiries. In the absence of the Force Armourer there are some other identified authorised officers who can carry out this process The TASER Liaison Officer The TASER Liaison Officer within Firearms Operations is responsible for collating all TASER deployment forms prior to submission centrally for evaluation. This individual is the contact between the force and the representative from the Conflict Management Portfolio in terms of clarifying any information on the form. 4 Appeals Click Here to Return to Index 4.1 The Force Grievance Procedure can be implemented in respect of internal grievance. 4.2 External complaints can be referred to the Police Complaints and Misconduct Procedures under the guardianship of the Independent Police Complaints Commission. Civil remedies are also available for external complaints. 4.3 Persons affected by the exercise of powers, directives or actions under this document have the right to make representations and / or challenges and / or appeals to the decisions involved via judicial processes (e.g. Civil law) and / or nonjudicial processes (e.g. internal management, grievance or police complaint procedures). Not Protectively Marked 12

13 4.4 A person who claims that a public authority has acted (or proposes to act) in a way which is unlawful under the Human Rights Act 1998, may bring proceedings against the authority under the Act in the appropriate court or tribunal. Or the person may rely on the Convention right or rights concerned in any legal proceedings if they are a victim (or would be) of the alleged unlawful act. 5 Compliance Click Here to Return to Index I confirm that this document has been drafted to comply with the principles of the Human Rights Act and Equal Opportunity legislation as per force guidance. In addition, Data Protection, Freedom of Information, the National Quality of Service Commitment and Health and Safety issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation, internal policies and the Force values. I do/do not agree that this document is appropriate for disclosure to the public. Signed: Lisa Ritchie (author) Date: 10/05/2011 Equality and Diversity Impact Assessment part 1 Potential X Does the procedure involve any of the following? (tick as appropriate) Impact If any of the boxes below are ticked the impact is high and the Equality and Diversity Impact Assessment must be reviewed annually. High - Exercise of statutory powers? - Dealing with or providing services to the public? - Recruitment & selection, transfer or redundancy processes? - Training opportunities or career development schemes? - Other processes for managing staff? (ie. discipline, pay, allocation of benefits, etc) - Any other high risks not detailed? If any of the boxes below are ticked the impact is medium and the Equality and Diversity Impact Assessment must be reviewed every 2 years. Medium - Dealing with the public, but not involving the exercise of statutory powers? - Providing services or facilities to staff? (ie. welfare, shower rooms, parking, intranet etc) - Any other medium risks not detailed? If any of the boxes below are ticked the impact is low and the Equality and Diversity Not Protectively Marked 13

14 Impact Assessment must be reviewed every 3 years. Low - Administration processes? - Any other low risks? Equality and Diversity Impact Assessment part 2 Consider the community as a whole and each of the protected characteristics: Age (includes all ages), Disability, Gender, Pregnancy and maternity, Race, Religion or belief, Gender reassignment and Sexual orientation, when answering the below: 1.Does this activity present an opportunity for improving equality outcomes for any of the protected characteristics? If so, how? 2. Is there public/political concern in relation to any of the protected characteristics, attached to this activity? If so, what are those concerns? 3. What other sources of information have been used in the development of this procedure i.e. HMIC Inspection Reports, Home Office Circulars? 4. Does the procedure relate to the use of a statutory power? If so, under what circumstance could discrimination be acceptable? 5. What data collection process exists for this procedure? How is the data monitored to ensure that the impact is not discriminatory or disproportionate? e.g. Use of community intelligence. If reviewing the procedure what are the results of the monitoring? 6. What evidence is there that actions to address any negative effects in one area may affect other areas of equality? Yes. The training provided to officers identifies equality and diversity issues and appropriate use of TASER. The use of TASER is identified in the procedure for dealing with persons who have used violence or threats of violence of such severity as a means of dealing with such situations to protect the public, themselves or police officers. Yes. The national press have reported on the police use of TASER and deaths associated with its use. Amnesty International also reports widely on the use of TASER. National Policy and Guidance from NPIA / ACPO and statements from the Defence Scientific Advisory Council (DSAC) on the Medical Implications of Less Lethal weapons (DOMILL) Yes. The Home Secretary made a statement on the 24 th November 2008 allowing Chief Officers to extend the use of TASER throughout England and Wales. The use of TASER is not intended to be discriminatory other than the use outlined above. An issue register is in the RDC for Force Incident Managers to allocate a unique reference number to each incident. Details of TASER discharges are collated and forwarded to ACPO Firearms Secretariat, HOSDB, Defence Science and Technical Laboratory and ACPO conflict management secretariat. An appropriate Post Incident Procedure is implemented on each occasion of use. None Not Protectively Marked 14

15 7. When the Race and Diversity impact assessment has included consultation, who was consulted? (Include a summary of the key points) 8. Has the procedure been altered following the consultation? (Include a summary of the key changes) 9. Has feedback been given to the groups involved in the consultation? This is a review and not subject to formal consultation. Local business area and procedure owner consultation has taken place Yes - Paragraph inserted Yes Date Impact Assessment completed: 14/07/2011 Not Protectively Marked 15

16 Appendix A CHESHIRE CONSTABULARY FORCE OPERATIONS Operational Use of TASER Checklist for Scene Commanders This pack contains the following: Advice Form for Escorting Officers Advice Form for GP s/hospital Clinicians Advice Form for Custody Officers Information for persons upon whom a TASER has been used Post Incident Recovery Checklist Packaging for Barbs/AFID Tags Packaging for Cartridges When a person/persons have been the subject of a TASER discharge, responsibility for the scene falls to the Scene Commander. They are responsible for the security of the scene and ensuring that Post Incident Protocols are adhered to. The following checklist may be of assistance. 1. Ensure safety/security of subject and that any medical assistance required is being given. 2. Where appropriate ensure that Deploying Officers are removed from the scene to Post Incident location. 3. Ensure that where necessary Professional Standards are informed. 4. Ensure the appropriate letters of guidance are given to the Escorting Officer, Hospital, FME/GP, Custody Officers and Subject. Not Protectively Marked 16

17 5. Secure the scene until the advice of Professional Standards is forthcoming 6. When applicable ensure that a Post Incident Manager is appointed and attends. If there are any signs of adverse or unusual medical reactions then medical assistance should be provided immediately. In circumstances where the barbs have caused injuries to the face, genitals or the subject indicates that they suffer from a heart condition; the subject is to betaken directly to hospital. Ambulance crews must be informed of the circumstances of the arrest and handed the relevant letter of guidance, which the escorting officer should ensure is then handed to medical staff, on arrival at the hospital. Barbs The barbs are designed to penetrate either clothing or skin. Injuries caused by TASER barbs penetrating are usually minor. No attempt should be made to remove the barbs, which have penetrated the skin unless there is an operational necessity. This should be done by a medical professional. Officers should be mindful that the barbs might be used to self-harm or as a weapon against them. Therefore consideration should be given, if barbs are left in the body, to handcuffing the subject. Where it is clearly evident that the barbs are only attached to clothing (with no penetration of the skin) they may be removed by gently pulling on the barbs. Care should be taken not to cause further unnecessary damage to the clothing. The recovered barbs must be placed in the evidential containers supplied. Upon arrival in a Custody suite, the Escorting Officer must make the Custody Officer aware that the subject has been exposed to TASER and whether he/she has already attended hospital. The escorting officer will then hand letters of guidance from the kit, to the custody officer, as soon as practicable. A forensic practitioner will be called immediately to remove the barbs, which will be retained and exhibited using the evidential kit supplied. Officers must be aware that when barbs are removed from a subject s body, the barbs will become a biohazard, and as such the officer needs to take commensurate precautions during and after the removal. The evidential containers are readily available in the pack. Once removed the barbs must be examined to ensure that they are complete. (8mm in length with a 1mm high barb about 3mm from the tip. They are not fish-hooked in shape) Not Protectively Marked 17

18 Appendix B Operational Use of TASER Escorting Officer's Advice If there are any signs of adverse or unusual medical reactions then medical assistance should be provided immediately. In circumstances where the barbs have caused injuries to the face, genitals or the subject indicates that they suffer from a heart condition, the subject is to be taken directly to hospital. Ambulance crews must be informed of the circumstances of the arrest and handed the relevant letter of guidance, which the escorting officer should ensure is then handed to medical staff, on arrival at the hospital. Barbs The barbs are designed to penetrate either clothing or skin. Injuries caused by TASER barbs penetrating are usually minor. No attempt should be made to remove the barbs, which have penetrated the skin. This should be done by a medical professional. Officers should be mindful that the barbs might be used to self-harm or as a weapon against them. Therefore consideration should be given, if barbs are left in the body, to handcuffing the subject. Where it is clearly evident that the barbs are only attached to clothing (with no penetration of the skin) they may be removed by gently pulling on the barbs. Care should be taken not to cause further unnecessary damage to the clothing. The recovered barbs must be placed in the evidential containers supplied. Upon arrival in a Custody suite, the Escorting Officer must make the Custody Officer aware that the subject has been exposed to TASER and whether he/she has already attended hospital. The escorting officer will then hand letters of guidance from the kit, to the custody officer, as soon as practicable. The FME will be called immediately to remove the barbs, which will be retained and exhibited using the evidential kit supplied. Officers must be aware that when barbs are removed from a subject s body, the barbs will become a biohazard, and as such the officer needs to take commensurate precautions during and after the removal. Not Protectively Marked 18

19 It is important therefore that the evidential containers are readily available. Once removed the barbs must be examined to ensure that they are complete. (8mm in length with a 1mm high barb about 3mm from the tip. They are not fishhooked in shape) Secondary Injuries Escorting Officers need to be aware of injuries sustained when subjects fall to ground, especially to the head area, may not be apparent immediately. Instructions for the transport of persons subject of a TASER discharge Escorting officers should have due regard for the location of the barbs during any necessary handling of the subject and during transport to the station or hospital. Following any immediate first aid that may be required at the scene, arrested subjects will be transported back to custody suites with the barbs left in situ, under the close supervision of escorting officers. Not Protectively Marked 19

20 Appendix C Operational Use of TASER Information for GPs and Hospital Clinicians Introduction TASERS are hand-held electronic incapacitation devices that are designed to fire two barbs at an individual. The device is aimed with the intention of embedding the barbs in the clothing or superficial skin on the torso and/or lower limb, but a barb may occasionally embed in an arm or hand. There is also a risk that a barb may penetrate skin in the head or neck region. Rarely, barbs have penetrated eyes and skull, meninges and underlying brain. The barbs are attached to the TASER handset by thin wires, through which very short duration, high voltage (but low current), pulses pass when the device is actuated. The current flowing into the body is sufficient to induce temporary disruption of voluntary muscle control and intense pain. The TASER may also be used in stun or probe mode, in which the handset s electrodes are pressed directly against an individual s skin or clothing. In stun mode, pain (rather than muscle contraction) is the principal local response because of the narrow separation of the electrodes. The police use X26 and M26 TASERS, which have been deployed operationally within the UK since 2003 and in use operationally for several years before that in the US and Canada. The X26 is the newest variant of the TASER and is the one most commonly used in the UK. Use of the TASER in the UK is subject to regular review by an independent panel of clinicians, whose role is to evaluate any adverse medical effects of the TASER, assess their clinical implications, and to provide advice to Government by way of formal, publicly accessible, statements. The panel also assesses how alterations to the specification of a TASER, modifications to officer training, and changes to the way in which the TASER is used operationally, may impact on medical outcome. The medical implications of TASER use are outlined below. Classification of injuries Unintended adverse effects from the use of TASERS are classed as: Primary: Immediate or delayed consequences of current flow in the body. In addition to the intended effect of painful muscle contraction, there has been speculation that the TASER current may exert effects on cardiac rhythm. No fatalities associated with TASER use have been unequivocally linked to a direct action of the TASER current on the heart. Not Protectively Marked 20

21 Secondary: Physical trauma directly associated with TASER use, mainly injuries arising from falls. The head is the region most at risk. Two deaths in the United States have resulted from fatal head injuries sustained during TASER-induced falls. Mild rhabdomyolysis has been reported. Thoracic vertebral compression fractures have been documented and such injuries may be primary effects. Pharyngeal perforation, possibly secondary to sudden diaphragm contraction during TASER discharge, has been described. Coincidental: Injuries not directly attributable to TASER (for example, use of baton or irritant spray, self-inflicted wounds or gunshot wounds). Life-threatening and serious injuries Assessment of TASER usage in the US, UK and elsewhere, indicates that, when operated by trained police officers, the risk of life-threatening and other serious injuries, such as the loss of an eye, is very low. Medically significant head injury resulting from uncontrolled falls is rare: standing subjects generally either freeze on the spot or collapse in a semi-controlled manner. However, there have been two US reports of fatal head injuries incurred by TASER-induced falls, and the possibility of head injury should be considered. A number of deaths have been reported in North America during, or after, exposure of subjects to TASER discharge; these deaths have been principally attributed to excess consumption of illicit drugs or to physiological stress imposed by extreme physical activity and restraint, frequently compounded by drug abuse or underlying cardiac disease. No death has yet been unequivocally attributed to the effects of the TASER device alone. However, full clinical assessment is essential particularly in the presence of other factors such as drugs, alcohol, cardiac disease and following violent struggles. Other effects Falls may result in abrasions, scratches, minor lacerations, swellings and areas of redness on the skin. Minor secondary trauma from barb penetration of the skin will occur. Some barb penetrations will be associated with small, circular, local burns; these are areas of skin where current has entered the body. Where barbs have embedded in clothing, the underlying skin may also exhibit burns. These burns are likely to resolve within a few days without complications. There is currently no evidence for any long-term clinical effect attributable to the primary effect of the TASER. Secondary effects, including cataract from orbital penetration and back pain after vertebral compression fractures, have been reported. Barb removal In instances where individuals present with barbs embedded in the skin, removal may be achieved by holding the skin taut with one hand and applying gentle in-line traction to the barb shaft with the other. Where available, local guidelines for barb removal should be followed. In the unlikely event that the barbs have embedded in the eye, face or genitalia, appropriate specialist advice should be sought. Barbs extracted from skin should be checked for completeness. The current injection needles are about 10 mm long and have a 1 mm high barb located about 3 mm from the tip. The trailing wires that conduct the electrical current between the TASER handset and the propelled barbs should have already been cut close to the barb. Pacemakers and other implanted electronic devices The evidence concerning damage or disturbance to implanted devices (such as pacemakers) is limited and equivocal be aware of the potential risk of damage. Not Protectively Marked 21

22 Probe Types OLD NEW 10.16mm 27.94mm Single (lighter) Alloy Rounded front 38.1mm Overall Length Bi-Metal (heavier at tip) Blunt front increases accuracy and reduces penetration risk Develops more kinetic energy Vulnerable populations Individuals who have been subjected to TASER discharge may have medical problems that will influence the context of their overall clinical management. TASERS have been used to subdue people who would otherwise seriously self-harm, as well as those who are displaying extremes of irrational and violent behaviour towards others. Drug, alcohol or solvent abuse may also be a factor, as are extremes of age and the presence of pre-existing illness such as asthma, diabetes, cardiovascular disease, epilepsy or psychiatric morbidity. Where an individual presenting with one or more of these factors has been transferred to hospital following exposure to TASER discharge, admission for observation may be advisable. Pregnancy With the increasing deployment of the TASER in the UK, there is the possibility of an increase in the numbers of pregnant women subjected to TASER discharge. Risks to the fetus are currently thought to be very low the evidence upon which this assessment is based is continually reviewed. Further reading Al-Jarabah, M. et al. (2008). Pharyngeal perforation secondary to electric shock from a Taser gun. Emerg Med J 25:378. American College of Emergency Physicians: Bleetman, A. et al. (2004). Introduction of the Taser into British policing. Implications for UK emergency departments: an overview of electronic weaponry. Emerg. Med. J. 21: Jenkinson, E. et al. (2006). The relative risk of police use-of-force options: Evaluating the potential for deployment of electronic weaponry. J. Clin. Forensic Med. 13: Link to website maintained by US law firm with commercial links to Taser International, Inc: Mangus, B.E. et al. (2008). Taser and Taser associated injuries: a case series. Am. Surg. 74: Sanford, J.M. et al. (in press). Two patients subdued with a TASER device: cases and review of complications. J Emerg Med (doi: /j.jemermed ) Statement by independent panel of clinicians on medical implications of Taser use in UK by authorised firearms officers and specially trained units: [See Appendix B of ACPO Guidance] Not Protectively Marked 22

23 Appendix D Operational Use of TASER Custody Officer's Advice Upon arrival in a Custody suite, the Escorting Officer must make the Custody Officer aware that the subject has been exposed to TASER and whether he/she has already attended hospital. If there are any signs of adverse or unusual medical reactions then medical assistance should be provided immediately. The FME must be called to certify fitness to detain and/or remove the barbs. Additionally subjects must be examined by the FME on every occasion at the earliest opportunity to evaluate whether there is a clinical history of heart disease or epilepsy or the presence of cardiac pacemaker or intoxication by drugs warrants medical follow up, which may include referral to hospital. Barbs Officers should be mindful that the barbs might be used to self-harm or as a weapon against them. Therefore consideration should be given, if barbs are left in the body, to handcuffing the subject. Considering the above statements, the Custody Officer should conduct an appropriate risk assessment prior to placing the subject in a cell. If the barbs are located in the persons clothing and have obviously not penetrated the skin, Police may remove them. Officers must be aware that when barbs are removed from a subject s body, the barbs will become a biohazard, and as such the officer needs to take commensurate precautions during and after the removal. The barbs should be placed in the container supplied and exhibited. Not Protectively Marked 23

24 Secondary Injuries Not Protectively Marked Operatives and Custody officers need to be aware of injuries sustained when subjects fall to ground, especially to the head area, may not be apparent immediately. Close monitoring of a subject throughout the period of detention is of the utmost importance and should be provided with the same level of supervision for prisoners who have consumed alcohol or drugs. The Custody officer will ensure that the subject is provided with Medical Information and Aftercare leaflet as soon as practicable. Not Protectively Marked 24

25 Appendix E Operational Use of TASER Information for Persons Subjected To TASER You have been subjected to the effects of a TASER. The TASER passed short pulses of electricity into your body. The electricity made your muscles contract (go stiff). You may well have lost balance and fallen to the ground. The device was used by a specially trained police officer. During, or shortly after the use of the TASER, you may have experienced some symptoms which may include: Being dazed for several minutes; Muscle twitches; Loss of memory of the event; Unsteadiness and a spinning sensation; Temporary tingling; Weakness in the limbs; Local aches and pains and tissue swelling. These sensations are normal effects of the TASER. If any of these effects are still present a day later, see a doctor. If you notice any areas of bruising or experienced localised pain anywhere on your body, see a doctor. If you fell and banged your head when the TASER was used, make sure a doctor has seen any injury that may have occurred. You may have two small marks (like bee stings) in your skin. These are small puncture wounds from the short needles (barbs) used to inject the electricity directly into your skin. The police will ensure that these barbs have been removed by a healthcare professional. There may be small burns similar to sunburn around these marks. These should return to normal in a few days. If they do not and there is pain and swelling, you may have a local infection see a doctor. If the probes only stuck in your clothing, you may still have two small areas of skin underneath that look sunburned. There are no known effects of the TASER on the well-being of the unborn child. However, if you are pregnant and have been subjected to a TASER, it is advisable to be reviewed by a doctor or a midwife. Not Protectively Marked 25