Operational Use of the L104A1 Launcher as a Less Lethal Option

Operational Use of the L104A1 Launcher as a Less Lethal Option Procedure Reference Number: 2008.16 Approved: Superintendent P Wilson (Uniform Operations) Author/s: Lisa Ritchie PC S Lawrence Produced: 27 th July 2011 Review due: 27 th July 2014 Review approved: (For Superintendent P Wilson reviewed procedures only) (Uniform Operations) Update in line with National Guidance 01/05/2012 26th May 2011 Policy Officer, Vector Firearms Instructor, Vector 26th May 2011 Revised V1.1 Not Protectively Marked 1

Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or text 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... 3 2 Guidance... 3 2.1 INTRODUCTION... 3 2.2 USE OF FORCE... 3 2.3 AUTHORITY... 5 2.4 METHOD OF DEPLOYMENT... 5 2.5 INDIVIDUAL AUTHORISED FIREARMS OFFICER RESPONSIBILITY... 6 2.6 ORAL WARNINGS... 6 2.7 MEDICAL ASSISTANCE AND AFTERCARE... 7 2.8 COMMAND STRUCTURE... 7 2.9 POST INCIDENT PROCEDURE... 8 2.10 DE-BRIEFING... 8 2.11 MEDIA... 8 3 Responsibilities... 8 3.1 ASSISTANT CHIEF CONSTABLE (FIREARMS PORTFOLIO HOLDER)... 8 3.2 CHIEF SUPERINTENDENT (UNIFORM OPERATIONS)... 8 3.3 SUPERINTENDENT (UNIFORM OPERATIONS)..8 3.4 FIREARMS INSPECTOR... 8 3.5 STRATEGIC FIREARMS COMMANDER (GOLD)... 8 3.6 TACTICAL FIREARMS COMMANDER (SILVER)... 9 3.7 FORCE INCIDENT MANAGER (INITIAL COMMANDER)... 9 3.8 OPERATIONAL FIREARMS COMMANDER... 9 3.9 CHIEF FIREARMS INSTRUCTOR... 9 3.10 TACTICAL ADVISOR... 9 3.11 AUTHORISED FIREARMS OFFICER... 9 3.12 THE FORCE ARMOURER... 9 4 Appeals... 9 5 Compliance... 10 Revised V1.1 Not Protectively Marked 2

1 Procedure Aim/Purpose/Scope The purpose of this document is to give guidance to Chief Officers, Commanders and Authorised Firearms Officers on the issue, deployment and use of the L104A1 Launcher by Authorised Firearms Officers as a less lethal option. 2 Guidance 2.1 Introduction 2.1.1 Reference should also be made to the Force Procedure on the Authority for Carriage of Firearms and Armed Deployments. 2.1.2 The term less lethal options refers to weapons, devices and tactics, developed and used to minimise the need for recourse to conventional firearms. 2.1.3 As no technology can be guaranteed to be non-lethal, ACPO in conjunction with the Home Office, have adopted the term less lethal to denote weapons and munitions designed to be used without a substantial risk of serious or permanent injury or death to the subject on whom they are applied. While the actual outcome may, on occasions, be lethal, this outcome is less likely than if conventional firearms are used. 2.1.4 The approved Launcher is the L104A1 equipped with an L18 optical sight and ammunition (Attenuating Energy Projectile). The Attenuating Energy Projectile is a 37mm Impact Projectile. This combination of weapon, sight and projectile will hereinafter be referred to as the Launcher. 2.1.5 The Launcher is designed to deliver an impact which is not intended to cause serious or life-threatening injury. It is of sufficient force to dissuade or prevent a violent or potentially violent person from their intended course of action, and thereby neutralises the threat. As with all applications of force, however, there is a potential for unintended, serious and even fatal injury either as a direct result of an impact or as a result of secondary injuries caused by a subject falling. It should be remembered that no weapon system, including conventional firearms is universally effective. 2.1.6 The Launcher 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. 2.1.7 The deployment of the Launcher at a firearms incident is one of a number of tactical options which are available to Tactical Commanders. Advice regarding their suitability for use should be sought from the duty Firearms Tactical Advisor. 2.1.8 The deployment of the Launcher as a less lethal option is made solely in terms of the general policing environment; it is not intended as guidance for use of the Launcher in Public Order situations. 2.2 Use of Force 2.2.1 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 (Police Standards of Professional Behaviour). Revised V1.1 Not Protectively Marked 3

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. 2.2.2 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. 2.2.3 Officers should note that the duty to protect life under Article 2 of the European Convention on Human Rights stretches to include the assessment of options in the planning and control process before any particular weapon being used (McCann 1995). 2.2.4 In circumstances where the use of a L104A1 Launcher is considered as a pre-emptive application of force, its use must be necessary, proportionate and legally justifiable. The use of the L104A1 Launcher must be seen as a method to facilitate the reduction or prevention of a threat to life. In circumstances where the L104A1 Launcher is deployed it will be necessary for an individual or individuals to be able to justify its use. 2.2.5 The use of the Launcher is determined by reference to the ACPO National Decision Model: Revised V1.1 Not Protectively Marked 4

2.3 Authority Not Protectively Marked 2.3.1 The Launcher is a firearm by legal definition. As such, the minimum authority levels for its deployment and use are the same as for conventional firearms. 2.3.2 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. Note: The use of the words reason to suppose sets the level of knowledge required (about the existence of a threat justifying the deployment of Authorised Firearms Officers) at a far lower level than that which would actually justify the use of firearms. 2.3.3 The Launcher should not be seen as a direct replacement to the police use of conventional firearms. Where a person is armed with a firearm, or otherwise so dangerous as to put life in imminent danger, conventional firearms will be deployed. Self Deployment 2.3.4 Where Authorised Firearms Officers encounter a situation where they believe that the criteria for deployment of Authorised Firearms Officers 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. 2.3.5 Where this occurs, the Authorised Firearms Officers should inform the Force Incident Manager room 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 National Decision Model (NDM) 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 2.4.1 The Launcher is carried and deployed from operational Armed Response Vehicles. These vehicles are available for deployment 24 hours a day. Therefore, the use of the Launcher gives a further tactical option to be considered alongside others. 2.4.2 The Launcher will not be deployed without supporting officers with conventional firearms. All incidents, to which Launchers are deployed, will therefore be deemed as firearms incidents. 2.4.3 The Launcher is not to be loaded unless it has been deployed. Subsequent safe unloading by an Authorised Firearms Officer should be undertaken in a suitable area. Revised V1.1 Not Protectively Marked 5

2.4.4 An Attenuating Energy Projectile should be aimed to strike directly (i.e. without bouncing) at the lower part of a subject s body, that is, below the rib cage, unless: there is a serious and immediate risk to life which cannot be otherwise countered, use at less than one metre distance or aiming the weapon to strike a higher part of the body is prohibited. In these circumstances the risk of serious or even fatal injuries is increased and the officer responsible must be in a position to justify the increased use of force. 2.4.5 Unless follow up action is taken a subject struck with an Attenuating Energy Projectile may continue with their previous behaviour. It is therefore important that officers should continually assess the threat being posed and as necessary consider other tactical options. 2.4.6 As with any firearms incident, Tactical Commanders are ultimately responsible for the deployment of firearms. 2.5 Individual Authorised Firearms Officer Responsibility 2.5.1 Authorised Firearms Officers are first and foremost police officers, and in exercising the duties of the office of constable they have a personal accountability and responsibility for the protection of life and carrying out duties associated with that office. 2.5.2 In most situations it is the individual Authorised Firearms Officer who must assess the immediacy and proximity of the threat and make an operational decision as to whether it is absolutely necessary to discharge a firearm or take other decisive action. 2.5.3 Each Authorised Firearms Officer is individually accountable for their decisions and actions. This will include decisions to refrain from using force as well as any decisive action taken, including the use of force or a firearm. 2.5.4 Authorised Firearms Officers are answerable, ultimately, to the law in the courts and must be in a position to justify their decisions and actions based on their honestly held belief as to the circumstances that existed at the time, and their professional and legal responsibilities 2.5.5 Authorised Firearms Officers are accountable for all rounds they discharge and they should be aimed so as to minimise risk (either directly or by ricochet) to any person other than the subject. Where in exceptional circumstances a round is discharged in a direction where it is not intended to strike a person or defined area, officers must take account of potential unintentional harm being caused as a consequence. This could also include death or serious injury of a person not in the immediate proximity. 2.5.6 Officers should be aware that any discharge of a firearm may lead a subject or other officer to believe that they are under fire. 2.6 Oral Warnings 2.6.1 Where circumstances permit, Authorised Firearms Officers should identify themselves as armed officers and give a clear direction to the subject, giving sufficient time for the directions 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. Oral or visual warnings would make the subject aware of the nature of the armed police intervention, these should serve as a clear warning to them and make it clear that force and/or firearms may be used. Revised V1.1 Not Protectively Marked 6

2.7 Medical Assistance and Aftercare Not Protectively Marked 2.7.1 Steps should be taken to ensure that early medical attention will be provided for persons struck by an Attenuating Energy Projectile. 2.7.2 The provision of appropriate medical aid should always be considered at the earliest possible stage. This might involve such measures as the availability of officers trained in relevant First Aid measures and/or the placing of an ambulance on standby. 2.7.3 If it is apparent that a person struck by an Attenuating Energy Projectile has injuries requiring medical attention referral to hospital should be considered. 2.7.4 Where officers are informed or come to believe that a person has been struck by the Attenuating Energy Projectile has a pre-existing medical condition that might lead to increased medical risk immediate referral to a hospital should be considered. 2.7.5 Following a person being struck by an Attenuating Energy Projectile the Firearms Operational Commander must provide the following information to the Force Incident Manager as soon as practicable: Time of Attenuating Energy Projectile discharge Distance from subject Number of rounds that struck the subject What part of the body was struck by the Attenuating Energy Projectile This information must be recorded on the NSPIS incident log by the Force Incident Manager and the details must then be passed onto the Custody Officer where the detained person is being transported. 2.7.6 A Forensic Medical Examiner must examine all arrested persons who have been struck by an Attenuating Energy Projectile, as soon as practicable. 2.7.7 Close monitoring of a subject throughout the period following a direct strike from any kinetic energy device is of utmost importance. 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. When a person who has been struck by an Attenuating Energy Projectile is detained in a cell they should be subject to the same cell supervision provided for persons who have consumed alcohol or drugs. 2.7.8 Experience from previous incidents involving the use of any form of force has shown that the persons most likely to be at greatest risk from any harmful effects are those who are under the influence of alcohol, drugs or suffering from any existing medical condition. In addition, 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. In the event of a child or physically vulnerable person being struck with an Attenuating Energy Projectile they should if at all possible receive immediate medical assessment and if necessary conveyed directly to hospital. 2.8 Command Structure 2.8.1 The command of incidents involving the deployment of the Launcher will be in accordance with the ACPO Manual of Guidance on the Management, Command and Deployment of Armed Officers and the Command of Firearms Operations force procedure. Revised V1.1 Not Protectively Marked 7

2.9 Post Incident Procedure Not Protectively Marked 2.9.1 Post incident investigations will be commenced in all situations where there has been a discharge of a weapon by police. The incident will be investigated in accordance with the information in the current Force Post Incident Procedures (Deaths During or Following Police Contact) and ACPO Manual of Guidance on the Management, Command and Deployment of Armed Officers. 2.10 De-briefing 2.10.1 Once an armed deployment has been concluded, a full debrief should be considered to identify opportunities for operational and organisational learning. Large or protracted operations should include arrangements for a specific debriefing session so that any aspect of the command structure, tactics or equipment used, which demonstrated good practice or caused a problem, can be identified and lessons learned. The debrief should be documented. The responsibility for ensuring that an effective process of debriefing exists rests with the Tactical Firearms Commander. 2.10.2 Only in exceptional circumstances should debriefing take place when the criteria for post incident investigation have been met. More details can be found in the Post Incident Procedure Deaths During or Following Police Contact held on the Force Information Centre. 2.11 Media 2.11.1 Any media requests regarding the operational use of the Launcher should be referred to the Force Corporate Communications department. 3 Responsibilities 3.1 Assistant Chief Constable (Firearms Portfolio Holder) Click Here to Return to Index 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 Chief Superintendent (Uniform Operations) Chief Superintendent (Uniform Operations) is responsible for the coordination of Tactical Commanders (Silver) in force and is the tactical lead in firearms operations. 3.3 Superintendent (Uniform Operations) The Uniform Operations Superintendent is responsible for the implementation, ownership and direction of this procedure and its dissemination to operational commanders. 3.4 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 the Launcher. 3.5 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. Revised V1.1 Not Protectively Marked 8

3.6 Tactical Firearms Commander (Silver) The Tactical Firearms Commander is responsible for developing, commanding and coordinating the overall tactical response in accordance with strategic objectives. 3.7 Force Incident Manager (Initial Commander) The Force Incident Manager is responsible for authorising the deployment of Firearms Officers with a Launcher 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. 3.8 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. 3.9 Chief Firearms Instructor The Chief Firearms Instructor is responsible for the training, accreditation and requalification of all Authorised Firearms Officers in the use of the Launcher and identifies and organises training for Chief Officers and Commanders in the deployment and use of the Launcher. 3.10 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. 3.11 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 operationally. There are specialist roles for which Authorised Firearms Officers receive specific tactical training and accreditation. 3.12 The Force Armourer The Force Armourer is responsible for the day to day maintenance repair and servicing of the Launcher and management of the operational ammunition. 4 Appeals 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 non-judicial processes (e.g. internal management, grievance or police complaint procedures). 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. Revised V1.1 Not Protectively Marked 9

Click Here to Return to Index 5 Compliance 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: 09/05/2011 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 Impact Assessment must be reviewed every 3 years. Low - Administration processes? - Any other low risks? Revised V1.1 Not Protectively Marked 10

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 the Launcher. The use of the Launcher is a means of dealing with persons using less lethal technology. Yes. This procedure is intended for less lethal firearms use against a subject. It is not authorised for use in Public Order situations. There is a public and political concern that members of certain ethnic communities are more likely to be targeted by the police. By having an effective, transparent and fairly applied procedure, which shows consideration has been given to this issue the Constabulary is giving a positive message which will raise public confidence in the police and improve relations with minority groups while tackling fairly any political concerns around disproportionality. 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 there is statutory power relating to this procedure. The use of Launcher is not intended to be discriminatory other than the use outlined above. All Firearms Deployments are recorded in the Resource Deployment Centre by the Force Incident Managers and a unique authority number is issued on each occasion None Revised V1.1 Not Protectively Marked 11

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 2.7.3 inserted Yes Date Impact Assessment completed: 14/07/2011 Revised V1.1 Not Protectively Marked 12