http://youtu.be/BW-oXsQ3YN4
Wednesday, 11 September 2013
BBC News 24 - 10 September 2013
BBC News - Police Taser use more than doubles - Home Office http://bbc.in/1ec7sS4
http://youtu.be/BW-oXsQ3YN4
http://youtu.be/BW-oXsQ3YN4
Monday, 2 September 2013
Comment - Does Taser use breach fundamental human rights? | Solicitors Journal
A recent Law Society debate on Tasers was well timed and the first real public interaction on the use of Tasers since they were introduced into the UK in 2003. Since 2008, the number of Taser-related incidents have increased dramatically across the country, especially on the vulnerable. Last year, in Kent, 50 per cent of Taser use was on those suffering from mental health disorder and following a Freedom of Information request by Open World News, it was discovered that a 12-year-old girl from St Helens had been Tasered by Merseyside Police in 2011.
Children fall within a specific risk group, which means that Tasers should only be used on them if there is no other feasible method to restraint them. This is a hard test to satisfy. The elderly, those suffering from epilepsy and pregnant women also fall within this group.
The debate centred around the question of whether Article 3 of the European Convention of Human Rights, that no one has the right to be treated in an inhuman, degrading or humiliating manner or punished and/or Article 2 of European Convention of Human Rights, that everyone has the right to be protected, were breached by Taser use.
As I have previously mentioned the Taser is a firearm, under section 5 of Firearms Act 1968. It is not an Officer Safety Tool like the handcuff or the baton. Tasers have the potential to kill and seriously injure people if they are misused. If they are misused, does that mean there has been potential breach of the human rights legislation? Any misuse of force could constitute a breach, however that applies more readily to Tasers, bar the gun, as the Taser has the ability to incapacitate the individual.
There is also a potential breach of human rights legislation if there is a lack of investigation or an inadequate investigation. Many of the individuals who have been Tasered complain to their police forces. However, a majority of the investigations are carried out locally by the force's Professional Standards Departments. There is no independent oversight into their investigations so do they constitute investigations which are human right compliant?
Public bodies are under an obligation to carry out a full and proper investigation when complaints are made to them. If the complaints made are about the infliction of pain, or if the Taser was used in a degrading or humiliating manner then the complaint should be investigated independently. There is substantial case law to identify what amounts to a human right compliant investigation but the police, in my view are failing to satisfy the test laid down by law and are potentially breaching human rights legislation.
Turning to the issue of training, does the Taser training comply with the requirements under human rights legislation? At present the Taser training is carried out over a three day course plus a one day annual refresher. Unlike the training for firearms officers, who must certificate their capability to use a firearm every six months, there is no regular training or certification process for officers trained with the Taser.
Without proper training the police forces in England & Wales are exposing themselves to potential breaches of human rights legislation, as there is a requirement on the State that law enforcement officers, should receive clear and precise instructions as to the manner and circumstances in which they should make use of Taser.
While it may be argued that specialist trained officers are receiving human right compliant training, the same argument cannot be made about the training provided to non-specialist trained officers. In my view, there needs to be a synchronisation of the training as the number of Tasers increase across the country.
I have been told that the Home Office will be releasing their up-to-date statistics on the use of Tasers this September. The data I understand will show a significant increase. This comes as no surprise to me as there have been a record number of Taser incidents reported in the news this year. The Taser is now being used as a weapon of first resort, rather than last. If that trend continues the Taser will no longer be known not for its acronym, Thomas A. Swift's Electric Rifle but for the headlines that it continues to generate.
Issue:
Vol 157 no 28 16-07-13
Saturday, 31 August 2013
Quoted in BBC News - 'No criminal charges' over blind man Tasered in Chorley
31 August 2013
Last updated at 18:03
'No criminal charges' over blind man Tasered in Chorley
His solicitor Sophie Khan said the Crown Prosecution Service said there was "insufficient evidence" for action.
But she said misconduct proceedings could be brought against the officer.
Ms Khan said the Independent Police Complaints Commission (IPCC) had recommended gross misconduct proceedings should be brought against the officer.
Ms Khan said a civil case for damages against Lancashire Police launched in January would remain on hold until the force decided whether to act on the IPCC's recommendation.
Colin Farmer said he was disappointed the CPS will not be pressing charges
No
criminal charges are to be brought against a police officer who Tasered a
63-year-old blind man whose white stick was mistaken for a samurai
sword.
Colin Farmer was targeted with the stun gun by a PC who
received reports of a man walking through Chorley in Lancashire with a
sword last October. His solicitor Sophie Khan said the Crown Prosecution Service said there was "insufficient evidence" for action.
But she said misconduct proceedings could be brought against the officer.
Ms Khan said the Independent Police Complaints Commission (IPCC) had recommended gross misconduct proceedings should be brought against the officer.
Ms Khan said a civil case for damages against Lancashire Police launched in January would remain on hold until the force decided whether to act on the IPCC's recommendation.
'Scared to go out'
She said she had written to the force about gross misconduct proceedings but was awaiting a response.
Lancashire Police were unavailable for comment on the IPCC's recommendation.
Mr Farmer, who is registered blind and has suffered two strokes, said he had thought he was being attacked by thugs when it happened.
He was walking to a pub to meet friends at the time and said the Tasering forced him to drop his stick and fall to the ground.
He said the experience had left him scared to go outside.
Ch Supt Stuart Williams has previously said the Lancashire Police force "deeply regretted" the incident.
http://www.bbc.co.uk/news/uk-england-lancashire-23914417
"My client is disappointed with the decision and disputes the reasons given by the CPS”
Sophie Khan
Colin Farmer's solicitor
Ms Khan said: "I have been
informed by the Crown Prosecution Service (CPS) that they would not be
bringing any criminal charges against the officer who Tasered my client,
Colin Farmer.
"My client is disappointed with the decision and disputes the
reasons given by the CPS and we will seek to challenge the evidence
through the civil claim against Lancashire Constabulary."She said she had written to the force about gross misconduct proceedings but was awaiting a response.
Lancashire Police were unavailable for comment on the IPCC's recommendation.
Mr Farmer, who is registered blind and has suffered two strokes, said he had thought he was being attacked by thugs when it happened.
He was walking to a pub to meet friends at the time and said the Tasering forced him to drop his stick and fall to the ground.
He said the experience had left him scared to go outside.
Ch Supt Stuart Williams has previously said the Lancashire Police force "deeply regretted" the incident.
http://www.bbc.co.uk/news/uk-england-lancashire-23914417
Wednesday, 21 August 2013
Quoted in th Surrey Advertiser - 21 August 2013
Use of tasers by Surrey Police continues to increase
Force's use of the weapons has risen over the last three years
The full extent of the increase in the use of Tasers by police officers in Surrey has been revealed.
In June, the Surrey Advertiser reported that the weapons were used nearly 30 times during the past three years against teenagers but the weapons have been used nearly three times as often as that in total.
Their use has increased significantly in recent years. In 2007, a Taser was fired just twice in Surrey but in 2012 the weapons were used 34 times.
Reasons given for their use last year included threats against the police, family members and members of the public, as well as threats of self harm or suicide by the suspect. On seven occasions the weapons were used as suspects were running away.
In total, the weapons have been used 96 times in Surrey between 2006 and 2012. Incidents gave rise to complaints just twice – in 2011 and 2012. Neither complaint was upheld.
Jeff Harris, Deputy Police and Crime Commissioner for Surrey, said: “The first thing I would say is that if you look at 2006 to 2009 or 2010, the only people using them were our firearms officers, not general officers.
“The officers do four days’ training, including psychometrics and reclassify every 12 months. They are very well trained and their decision-making is based on a decision-making model.
“Every day you make the decision to draw it or to fire it and they are liable for civil action or a complaint. A lot fail the training course. It’s not an easy one.
“We have had visitors in the past couple of weeks and they are quite surprised how difficult it is in the training scenario.
“The bottom line is it could never be the same as the firearms training.”
At present, Surrey Police has possession of 272 Tasers, which were purchased in a joint order with Sussex Police. Surrey has 222 officers who have been trained in their use, with 16 more scheduled to be trained.
“The reality is, it’s about protecting themselves, the public and the individual,” said Mr Harris.
“Cops, generally speaking, don’t want to be armed. They want a way to protect themselves.
“It’s fair to say that that in some circumstances, officers up and down the country will make mistakes – they’ve got to make such quick decisions.
“Actually, there’s a lot of accountability in using the Taser. It’s not something you use lightly. It’s not used without thought.
“Personally, I’m more than happy to see more officers carrying a Taser because as you reduce numbers up and down the country, more and more officers are outnumbered and I want to make sure they can protect themselves. If they can’t protect themselves, they can’t protect the public.”
The Association of Chief Police Officers’ guidelines state that Tasers are ‘work-related equipment’ in the same way as firearms and not as Personal Protective Equipment.
Solicitor advocate Sophie Khan, who specialises in Taser-related injuries, said: “There are no statistics to say that there is an increase in attacks on police officers.
“The Taser is a firearm so it can only be used in life-threatening incidents.
“It’s not allowed to be used as an officer safety tool. The guideline they have watered down even further.”
She added that the figures were a cause for concern for the public.
“They are very worrying because it demonstrates the use being out of control.
“The restricted use of the Taser is being eroded by the idea that the Taser is an officer safety tool, whereas under the law it’s a firearm,” she said.
In June, the Surrey Advertiser reported that the weapons were used nearly 30 times during the past three years against teenagers but the weapons have been used nearly three times as often as that in total.
Their use has increased significantly in recent years. In 2007, a Taser was fired just twice in Surrey but in 2012 the weapons were used 34 times.
Reasons given for their use last year included threats against the police, family members and members of the public, as well as threats of self harm or suicide by the suspect. On seven occasions the weapons were used as suspects were running away.
In total, the weapons have been used 96 times in Surrey between 2006 and 2012. Incidents gave rise to complaints just twice – in 2011 and 2012. Neither complaint was upheld.
Jeff Harris, Deputy Police and Crime Commissioner for Surrey, said: “The first thing I would say is that if you look at 2006 to 2009 or 2010, the only people using them were our firearms officers, not general officers.
“The officers do four days’ training, including psychometrics and reclassify every 12 months. They are very well trained and their decision-making is based on a decision-making model.
“Every day you make the decision to draw it or to fire it and they are liable for civil action or a complaint. A lot fail the training course. It’s not an easy one.
“We have had visitors in the past couple of weeks and they are quite surprised how difficult it is in the training scenario.
“The bottom line is it could never be the same as the firearms training.”
At present, Surrey Police has possession of 272 Tasers, which were purchased in a joint order with Sussex Police. Surrey has 222 officers who have been trained in their use, with 16 more scheduled to be trained.
“The reality is, it’s about protecting themselves, the public and the individual,” said Mr Harris.
“Cops, generally speaking, don’t want to be armed. They want a way to protect themselves.
“It’s fair to say that that in some circumstances, officers up and down the country will make mistakes – they’ve got to make such quick decisions.
“Actually, there’s a lot of accountability in using the Taser. It’s not something you use lightly. It’s not used without thought.
“Personally, I’m more than happy to see more officers carrying a Taser because as you reduce numbers up and down the country, more and more officers are outnumbered and I want to make sure they can protect themselves. If they can’t protect themselves, they can’t protect the public.”
The Association of Chief Police Officers’ guidelines state that Tasers are ‘work-related equipment’ in the same way as firearms and not as Personal Protective Equipment.
Solicitor advocate Sophie Khan, who specialises in Taser-related injuries, said: “There are no statistics to say that there is an increase in attacks on police officers.
“The Taser is a firearm so it can only be used in life-threatening incidents.
“It’s not allowed to be used as an officer safety tool. The guideline they have watered down even further.”
She added that the figures were a cause for concern for the public.
“They are very worrying because it demonstrates the use being out of control.
“The restricted use of the Taser is being eroded by the idea that the Taser is an officer safety tool, whereas under the law it’s a firearm,” she said.
Tuesday, 20 August 2013
Quoted in East Anglian Daily Times - 20 August 2013
Suffolk: Fears raised as police reveal plans to more than double number of officers trained to use Tasers
A Suffolk Police report, to be discussed by bosses tomorrow, sets out plans to boost the number of Taser-trained officers from 66 to 161 a 144% increase. Photo: Press Association.
Matt Stott
Tuesday, August
20, 2013
2:00 PM
2:00 PM
Police chiefs last night dismissed fears they were endangering the public after documents revealed the force wants to more than double the number of officers trained to use Tasers.
Suffolk Police and Crime Commissioner Tim Passmore claimed the recruitment drive sent out a strong message to lawbreakers and insisted “rigorous” training would ensure new recruits would not put the public’s safety at risk.
But critics have accused the force of undermining public protection after failing to include residents in consultations over the proposals, arguing the constabulary is “using hypothetical scenarios” to justify the plans.
But the Accountability and Performance Panel report said the move would “improve morale in terms of officer safety” and “considerably reduce response times to events that require a Taser resolution”, resulting in “greater public protection”.
Tasers are electronic stunning devices used by officers to subdue offenders in dangerous – or potentially dangerous – situations, and provide a less lethal option to the use of firearms.
Sophie Khan, a solicitor advocate specialising in Taser-related injuries at law firm McMillan Williams, said: “The police are using hypothetical scenarios to justify the argument that more officers should be trained to use Tasers in Suffolk.
“These plans have not been thought through properly. Tasers kill and injure people and the public should have been included in consultation.
“Tasers are firearms; they are classified as such under the law. They are not there for officer safety reasons and should not be used to boost officer morale or safety.
“The police are not following the law or the Taser guidance given to them if the Taser is being used as an option in non-life threatening incidences.
“They can only be used to protect the lives of members of the public or police officers in life-threatening incidences
“Suffolk is not like inner cities. Most of the incidents Suffolk Police attend will be low level violence and drunk and disorderly cases, so would not justify the use of Tasers.”
But Mr Passmore said: “We are sending out a strong message to criminals and anti-social troublemakers that you will not carry on in this way.
“I understand the public might be a bit anxious about Tasers but our officers will go through rigorous training and we must trust their professional judgement.
“I’m comfortable with the increase of Taser-trained officers. It will increase public safety and protection and will make sure the constabulary has the right resources and capabilities.”
Superintendent Jon Dodman said: “Tasers are only carried by officers who are highly trained. Before deployment is considered an assessment is made based on the situation and the threat or risk presented.
“Tasers are a very effective tool in resolving violent and threatening situations. They can be used to disarm and apprehend offenders and prevent them from hurting themselves or others.
“The constabulary adheres to strict guidance issued by the Association of Chief Police Officers in relation to its training of staff and policy surrounding the use of Tasers and firearms.”
http://www.eadt.co.uk/news/suffolk_fears_raised_as_police_reveal_plans_to_more_than_double_number_of_officers_trained_to_use_tasers_1_2345304
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