Memorandum from the Parliamentary Under
Secretary of State for Crime Prevention to the Chair
In view of the Committee's evidence session on Taser
on Tuesday 7 December, it may be helpful if I provide you with
some factual information relating to Taser use in England and
Wales. The Home Office Scientific Development Branch will answer
the technical issues that are of interest to the Committee at
the evidence session on 7 December, and the Home Office will additionally
provide further official level support from the Policing Directorate
should the Committee want to raise wider factual questions on
Home Office policy on less-lethal weapons.
DEVELOPMENT OF
LESS-LETHAL
WEAPONS
The Home Office considers and reviews the range of
equipment which may be less lethal than conventional firearms
and suitable for the police to use. This supports public and officer
safety, and is in line with the Government's obligations under
Articles 2 and 3 of the UN Basic Principles on the Use of Force
and Firearms which state:
Article 2: "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 firearm ...
Article 3: "The development
and deployment of non-lethal incapacitative weapons should be
carefully evaluated in order to reduce the risk of endangering
uninvolved persons, and the use of such weapons should be carefully
controlled."
All technologies have differing levels of usefulness,
levels of risk and effectiveness. Any equipment ultimately approved
for police use by the Home Office would be subject to very rigorous
testing, and would also undergo a medical assessment.
The Home Office Scientific Development Branch (HOSDB)
is tasked with keeping up to date with developments in the less
lethal weaponry arena. New technologies that look promising are
investigated to see whether they may meet the Association of Chief
Police Officers (ACPO) operational requirement for less lethal
options. Where there are no viable commercial products that meet
the operational requirement, the Government may support the development
of bespoke technologies.
Where any new technology or device shows potential,
it will be subjected to a full and independently reviewed assessment
of the medical implications of its deployment. Guidelines and
policy for use will also be fully developed and a trial is then
normally undertaken to assess operational effectiveness. Ministers
currently provide final approval for any new technology taking
into account all available evidence from this process.
STATUTORY POSITION
ON POLICE
USE OF
LESS-LETHAL
TECHNOLOGIES
Legally, police forces have discretion to use the
equipment they see fit as long as the use of force is lawful,
reasonable and proportionate. However, the use of less-lethal
weaponry is regulated through the approval process summarised
above, which is set out in the 2003 Home Office Code of Practice
on Police use of Firearms and Less Lethal Weapons. Chief Officers
have a statutory obligation to 'have regard to' the Code. Where
they deviate from the Code this should be recorded and justified.
TASER X12/XREP
The Taser X12 is not approved for use by police forces
in England and Wales according to the process set out in the Home
Office Code of Practice. It is currently subject to early testing
by the Home Office Scientific Development Branch. A joint programme
of evaluation is underway between HOSDB, the National Institute
of Justice in the US and the Canadian Police Research Centre.
The information we currently have does not allow us to make a
judgement on the capabilities or safety of X12 against the ACPO
Operational Requirement.
SECTION 5 AUTHORITY
Possession and supply of prohibited weapons, including
Tasers, must be authorised by the Secretary of State under section
5 of the Firearms Act 1968. Applicants must satisfy the Home Office
that they have a legitimate business need to possess prohibited
weapons and the police will carry out checks into their suitability
and security. Authorities are valid for a specified period and
subject to strict terms and conditions. Authorities will be refused
or revoked where there is a perceived risk to public safety. Police
forces are exempt from section 5 of the Firearms Act and do not
require an authority to possess, purchase or sell firearms.
PRO-TECT
I wrote to you in September setting-out the decision
to withdraw the section 5 authority of Pro-Tect Systems (the sole
supplier of Taser in the UK). That decision was not taken lightly.
We considered very carefully all the information supplied to us
by the police and the representations made to us by the company's
solicitors. Authority holders must comply with the strict terms
and conditions set out in their authority and their character
must be such that they are suitable to be entrusted with the prohibited
weapons.
Pro-Tect Systems Limited was found to have supplied
X12 Tasers and XREP ammunition to Northumbria Police and another
police force contrary to their authority, which only allowed them
to supply these items to the Home Office Scientific Development
Branch. They were also found to have breached a condition of their
authority relating to the secure transportation of Tasers. In
light of this, it was decided not to renew their authority, which
expired on 30 September 2010. However, a short-term authority
was granted to 31 December 2010 to allow the company to dispose
lawfully of its remaining stock.
TASER SUPPLY
We are currently considering an application from
a company for a section 5 authority to supply Tasers to the police.
We will be notifying the company of our decision imminently and
will update the Committee in due course. We have also been working
very closely with ACPO and Taser Intemational to ensure adequate
contingency arrangements are in place for the continued supply
of Taser (including cartridges and other consumables) to forces
should they require them.
SOLE SUPPLIER
MODEL
Taser International is the only manufacturer of a
conducted energy device (the Taser) approved for use by police
forces in the UK. The choice of supplier of Taser products in
the UK is ultimately a commercial decision for Taser International.
The Home Office role is to consider the suitability of a supplier
to hold a section 5 authority.
December 2010
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