Force Procedure No.: Replaces Force Procedure 165p N/A Procedure Owner: Head of Force Operations Department Date Procedure Approved: November 2004 Reviewed: November 2005 April 2006 FORCE PROCEDURE: Emergency Response Belt (ERB) Procedure This procedure has been drafted in accordance with the Human Rights Act 1998, Race Relations (Amendment) Act 2000 (subject to Diversity check) and the principles underpinning it. It is suitable for public disclosure 1
1.0 ABOUT THIS PROCEDURE 1.1 This procedure is related to and should be read in conjunction with the policy titled Operational Staff Safety Policy. 1.2 This procedure applies to all Police Officers and Special Constables who have been trained in the use of the Emergency Response Belt (ERB), and governs the training, issue, administration, Health & Safety and seizure procedures relevant to the Force issue of limb restraints. This procedure complements another Force Procedure titled Operational Staff Safety Protection Training. 2.0 RISK ASSESSMENTS / HEALTH & SAFETY CONSIDERATIONS 2.1 A risk assessment has been completed, which has identified the need for police equipment in relation to Emergency Response Belts limb restraints Section 31 and 38 FOIA exemption. 2.2 The health and safety considerations are covered by the; - Health and Safety at Work Act 1974, which underpins all health and safety issues within the work place. - The Management of Health and Safety at Work Regulations 1999, which place a primary duty upon an employer to undertake an assessment of all work processes and activities that involve the risk of injury. - The Provision and Use of Work Equipment Regulations 1998, which relate to any equipment supplied for use at work and that they should be fit for the use intended, and employees trained on how to use it safely. 2.3 All risk assessments and health and safety issues will be monitored, evaluated and reviewed within time scales outlined in this document. 3.0 PROCEDURE 3.1 Background for Use 3.1.1 As a result of data provided from the reporting process within West Mercia Constabulary particular hazards have been identified where subjects have continued to offer violence post arrest even though they were restrained in handcuffs. This resulted in injuries to the subject, officers and sometimes-considerable damage to police property (vehicles and buildings). 3.1.2 A trial Section 31 and 38 FOIA exemption supported the use of such limb restraints in reducing the risks to both members of the public and Police Officers, as well as damage to property. 3.1.3 The ERB will only be used in circumstances where handcuffing alone is deemed insufficient. 2
3.1.4 The Emergency Response Belt will be applied to a subject only when the officer perceives it to be absolutely necessary in defence of themselves or others and/or in order to effect lawful arrest or to prevent the escape of a person lawfully detained. 3.1.5 Common Law also applies, where officers may wish to apply the ERB for the purpose of protecting the subject. 3.1.6 The use of the ERB should be considered for transporting persons lawfully detained. Such use can be considered where the officer s perception is that violence or resistance will be used by the subject in an attempt to prevent their being placed into or taken from a vehicle. Also/or that violence or resistance will continue to be offered whilst in transit to the police station or other location. 3.2 Training 3.2.1 Only officers who have passed the approved West Mercia ERB Course will carry or lead in the use of the ERB limb restraint. Officers, who fail a technique during the course, will receive further training in the failed technique by the Divisional Tactical Trainer. 3.2.2 An untrained person can assist in applying the ERB to a subject under the direction of a trained officer. 3.2.3 The ERB must only be used as taught on the basic course. Any tactics or manoeuvres not included in the basic course if used need to be justified by the individual. The ERB should be used in accordance with the guidance and principles of use of force contained within Section 3 of the Criminal Law Act 1967, Section 117 Police and Criminal Evidence Act 1984, Common Law, The Human Rights Act 1998 and the Conflict Resolution Model. 3.2.4 Officers also remain responsible for the security and condition of the ERB s retained in vehicles or Custody Units and any loss or damage should as soon as possible is reported to the Duty Sergeant. A replacement may be obtained against signature from the Divisional Tactical Trainer. 3.2.5 Officers and members of the Special Constabulary are not to treat the ERB as personal issue. When not in use the ERB must be stored as outlined above and carried/stored in its individual holster. 3.2.6 Refresher training will be carried out in accordance with the ACPO and manufacturers guidelines, this being the minimum requirement. 4.0 ROLES & RESPONSIBILITIES 4.1 Officers must be aware that a duty of care exists between colleagues and that not to carry equipment, which may be of mutual benefit, may effect the safety of their colleagues. 4.2 All staff have an obligation under Health and Safety legislation to care for, use (as directed) and maintain any police equipment (inc. ERB s) supplied for their safety by their employer. 4.3 If an ERB is damaged or soiled then staff have an obligation to inform both the duty Sergeant and the Divisional Tactical Trainer. 3
4.3 The Health and Safety legislation also places a responsibility on the employer to ensure that the initial risk assessment is regularly reviewed and to supply relevant information, instruction and training in respect of the equipment. 4.4 Section 31 and 38 FOIA exemption. The duty Sergeant will be responsible for ensuring that the ERB s are stored correctly and are in a suitable condition for deployment. The Custody Sergeant will be responsible for ensuring that the ERB s in Custody units are stored correctly and are in a suitable condition for deployment. 4.5 West Mercia expects supervisors to monitor and enforce the implementation of this procedure by all identified staff. 4.6 Complaints Procedure 4.6.1 Where any ERB is seized following an allegation, the Divisional Chief Inspector (Operations) or head of department must be informed and an appropriate replacement obtained from the Divisional Tactical Trainer. 4.6.2 When the Division has the original ERB returned from the Professional Standards Department, then the replacement must be returned to the Divisional Tactical Trainer. 4.6.3 The Divisional Tactical Trainer should initially address any queries in respect of the use or issue of ERB s. 5.0 RELATED PROTOCOLS, PRACTICES OR OTHER AGENCY SERVICE AGREEMENTS 5.1 This procedure does not impinge on any other protocols, practices or other agency agreements. 6.0 ADMINISTRATION 6.1 The Divisional Tactical Trainers will maintain an inventory of all ERB s issued to their respective Division. Operational supervisors will be responsible for ensuring that only authorised officers are in possession of or leading in the use of the ERB. 6.2 When an ERB is used in operational situations officers should complete the following:- 1. A Use of Force A6 (iii) form, which will be submitted via the Force Intranet system by the end of their tour of duty. 2. If the subject on whom the ERB was used is in custody, a record of the ERB use should be endorsed on the prisoner s custody record. 3. A copy of or reference to the A6 (iii) form should be placed on any case file accompanying the incident in the event of an officer using the ERB, in accordance with Disclosure Rules and Force Policy. 4
7.0 DISTRIBUTION / PUBLICATION 7.1 This procedure is suitable for public disclosure. 7.2 Publication to staff will be via the Force Intranet, Force email system and Force Orders. 7.3 Advice on the application of this procedure is available from the Force Staff Safety Coordinator and Force Senior Health and Safety Advisor. 7.4 Individuals who feel aggrieved by the application of this West Mercia procedure may make representation to the Force Staff Safety Co-ordinator or Force Senior Health and Safety Advisor, or alternatively their respective staff association representatives. 8.0 MONITORING / EVALUATION 8.1 Monitoring of this procedure is the responsibility of Chief Superintendent Force Operations Department. 8.2 This procedure will be reviewed annually from the date of publication. The review will be conducted by the Force Staff Safety Co-ordinator and Force Health and Safety Advisor following full consultation with the Force Defensive Tactics Trainer Co-ordinator. 8.3 Evaluation of the policy and procedure will take place with the review of all A6 (iii) Use of Force and A6 (I) Injury, Accident and Near Miss information. 8.4 Chief Superintendent Force Operations Department will audit and seek ACPO approval for any changes to this procedure. 9.0 REVIEW 9.1 This procedure will be reviewed annually. 10.0 ORIGINATING DEPARTMENT 10.1 Force Operations Department. 5