Policy Scope:

This policy affects all South Yorkshire Police Staff who deal with less lethal technologies (TASER) eg Authorised Firearms Officers, Custody Officers and Police Surgeons.

Policy Aims and Objectives:

The aim of this Policy is to provide Authorised Firearms Officers with another less lethal option to deal effectively with a potentially lethal threat.

Introduction

The deployment of the Thomas A. Swift Electrical Rifle (a Conducted Energy Device), hereafter referred to as the TASER has been approved for use by the Home Secretary as a less lethal weapon during firearms operations by Authorised Firearms Officers (AFOs). The X26 TASER is approved for use by all forces in England and Wales and will be deployed by South Yorkshire Police.

TASER is the second weapon of a new generation of less lethal technologies, which have Home Office approval and are recommended for use as a ‘Less Lethal’ option by ACPO. This is in line with the legal obligations on police to restrain violent or armed individuals using only that force which is reasonable, necessary and proportionate, whilst protecting members of the public and ensuring officer safety.

TASER is a prohibited weapon by legal definition and the minimum authority levels for its issue and use are the same as that of a conventional firearm.

It is important to clarify that TASER will not be deployed by South Yorkshire Police, without supporting officers with conventional firearms and will not be used as a compliance tool. All incidents, to which TASER is deployed, will therefore be deemed as firearms incidents.

The use of the TASER will be informed by reference to the ACPO Conflict Management Model, and is intended to provide firearms officers with an additional means of dealing with threats of serious violence. The availability or deployment of the TASER should not be considered as a replacement for conventional firearms.

Applications

This policy should be read in conjunction with the Code of Practice on Police Use of Firearms and Less Lethal Weapons.

The objective of every firearms incident is clear and fully detailed within the ACPO Manual of Guidance on the Police use of Firearms.

This is to:

• Identify,

• Locate,

• Contain, and thereby -

• Neutralise the threat posed.

TASER should not be seen as a replacement to the police use of conventional firearms. Where a person is armed with a firearm, or is otherwise so dangerous as to put life in imminent danger, conventional firearms will be deployed. This is because the risk posed to others is invariably so great it is considered necessary and proportionate for police to have an option available to immediately incapacitate them.

TASER will only be issued alongside conventional firearms to authorised firearms officers who have successfully completed approved ACPO sponsored training in the use of the device, and hold a current permit for that weapon.

Associated Procedural Instructions:

This policy is supported by the following procedural instructions:

Standard Operating Procedures for TASER D51282 (Diversity Impact Assessment)

See also:

Statement Of Agreed Policy on the Police Use of Firearms D50102

Race Relations (Amendment) Act 2000 and Diversity Impact Assessment

The Act places a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be impact assessed for their level of relevance to the General Duty.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

This Statement of Agreed Policy has been Impact Assessed as LOW relevance.

Human Rights/Discretion:

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual’s Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Freedom of Information Act 2000

Exemptions do not apply to this statement of agreed policy under the Freedom of Information Act 2000.

Audit Review Arrangements:

This policy together with its Diversity Impact Assessment will be reviewed every 3 years

Rights of redress for members of the public:

Anyone who feels that a member of staff has behaved incorrectly or unfairly, or who is dissatisfied with organisational matters, service delivery or other operational policing issues, has the right to make a complaint.

Initial action should be taken in one of the following ways:

• Complain in writing or in person to the Senior Officer at the appropriate police station or to the Chief Constable of the force concerned.

• Visit a local Citizens' Advice Bureau

• Contact a Solicitor

Rights of redress for South Yorkshire Police personnel:

South Yorkshire Police personnel who feel they have grounds for concern in relation to the implementation of policies may, as appropriate:

• Pursue concerns through their line manager.

• Contact a First Contact Advisor.

• Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.

• Seek advice from their staff association or trades union.

• Use the Policy for Handling Complaints relating to Direction and Control.

Start Date:

28 November 2005