Chapter 8. Issues with the Taser review and monitoring processes
8.12 Future directions – a new debrief process
In consultation with the NSWPF during the course of this investigation, we raised the potential benefits of a more formal feedback system to officers who had used Tasers after a TRP review. As part of this process, it was felt that giving officers an opportunity to view the Taser Cam footage would provide a range of significant performance development, training and performance assessment opportunities.
On 1 August 2012, the NSWPF introduced a new debrief process to provide feedback to officers who have used Tasers. This process is mandatory for all officers who have used a Taser in probe or drive-stun mode. It extends to uses in draw and cover that have been identified by the TRP as appropriate for debrief. As part of the debrief process, officers are able to watch the Taser Cam footage and receive feedback from the debriefing officer – either the LAC Crime Manager, Duty Officer or Team Leader. Prior to the introduction of the debrief process, officers did not get an opportunity to see the Taser Cam footage of the incident they had been involved in unless there was an investigative purpose for doing so – such as preparing a brief of evidence for court proceedings. Officers who participated in our focus groups commented that they would find it instructive to see this footage:
I think if you can show people and show the instances of how it’s been used and all of that, I think that would be quite – everyone can learn from it.35
The debriefing process occurs after the PSMs and Region Commanders have done the initial internal review of Taser use. If the PSM and/or Region Commander do not identify any issues during the initial review of the deployment, the PSM will commence the debrief process.36 If the PSM or TRP identify issues that require clarification or investigation,
the debrief will be deferred until after the investigation or clarification is completed.
The officer conducting the debrief will have the Taser Cam footage, shot data, Regional Taser Review Record, an instruction sheet and a blank debrief record form. If required, the debriefing officer will speak to the PSM or a Taser accredited weapons trainer. The Region Commander or PSM will provide advice to the officers conducting the review by noting their comments on the Regional Taser Review Record form.
At the end of the debrief, the debriefing officer will complete the debrief record form and Region PSMs are to monitor and verify the contents of the debrief.
The NSWPF have advised that the debrief process does not change the types of deployments reviewed by the TRPs. The primary aim of the debriefing process seems to be to allow officers to view the Taser Cam footage while any feedback (positive or negative) is delivered in relation to the use. It appears the debriefing process aims to address training and performance issues for matters that do not constitute complaints. It may also be an opportunity to reinforce the Taser SOPs by positively identifying instances where the Taser use has been in accordance with them. One of our key concerns in relation to communication associated with Taser use is officers making inappropriate threats to gain compliance. The NSWPF have agreed that examples of poor communication and inappropriate language will be addressed, commenting that:
With the introduction of the Taser debrief process, which for the first time will provide officers with an audiovisual ‘replay’ of their interaction with [the people subject to the Taser use], the NSWPF is confident of a decline in inappropriate communication.37
The NSWPF also indicated that the debrief process will provide officers with constructive operational feedback on the criteria for Taser use, secondary hazard identification, multiple discharges, drive-stun, hazardous use and high risk incidents.
We believe there will be benefits in giving officers an opportunity to discuss a real scenario that has just taken place, compared to hypothetical scenarios in a training setting. The debriefing officer can play a mentoring role to help the officer learn alternative ways they could have handled the situation.
However, for the debrief process to work effectively, the NSWPF needs to better identify those matters that should be addressed through the complaints system, and clarify which breaches of the Taser SOPs require more significant management responses – such as decertification and remedial training. We note that the NSWPF advised us that:
If Region PSMs identify an issue which constitutes a complaint, they are duty bound to refer the matter to the CMT. It would be inappropriate to conduct a debrief with the officer in such instances. In these cases the officer will have the opportunity to view the footage at some point during the course of the internal investigation.38
We agree with this statement, but consider that the implementation of Recommendation 41 is required to ensure that complaint matters are not included in the debriefing process.
A number of participants in our focus groups commented that they would like access to Taser Cam footage to help them write the COPS record and Sitrep for the incident. One commented:
You could – you could do your statement 10 minutes after an incident when it’s still fresh in your memory … but you can still forget something because you’re only human. Like, you can’t remember absolutely everything. So if you’ve got that footage to have a look at you can remember the little nitty gritty bits that you might have otherwise forgotten, even if you done your statement 10 minutes later.39
In initial correspondence from the NSWPF outlining the debrief process, they indicated that:
The debriefing initiative recognises that officers use Taser under circumstances which are highly stressful and which can affect their recollection of the details of an incident. Affording officers the opportunity to view the Tasercam vision will assist them [to] produce accurate written records.40
The NSWPF have since indicated that:
The debrief will occur after the officer has completed the SITREP and COPS event. This is unavoidable due to the fact the vision is not available to the officer immediately after the deployment.41
We understand that access to Taser Cam footage may help officers to recollect the sequence of events. However, the written records should be a reflection of the officer’s direct experience as they may form part of the evidence used in related criminal proceedings or be used in an investigation of the officer’s conduct relating to the event.
For this reason, the identification of shortcomings or breaches of the Taser SOPs and the action taken to address them should take place separately – after the officer has completed and finalised the Sitrep and COPS records.