Chapter 7. Taser use issues and the adequacy of SOPs and training
7.14 Using Tasers in high risk situations
In Chapter 3, we outlined NSWPF policies for managing high risk incidents – including the NSWPF Handbook which reflects the National Guidelines for Deployment of Police to High Risk Situations, Deployment of Police Negotiators and the Use of Lethal Force – 2005.
The guidelines and the NSWPF Handbook require first response officers to assess whether a situation is a high risk incident that needs assistance from specialist police, such as the Tactical Operations Unit (TOU) and police negotiators. Unless there is an immediate need for general duties police to protect people including police from injury, they are instructed to contain and negotiate until specialist police arrive.
In January 2009, the State Protection Group raised their concerns via a memorandum about general duties police attempting to resolve high risk situations without asking for specialist support from negotiation and tactical personnel. The memorandum specifically noted:
… there appears to be growing confidence within the general policing community that Tasers are 100% effective and provide a robust tool to assist in the resolution of incidents.
… My most serious concern is the apparent growing increase in the thoughts that high risk incidents can now be resolved by general duties police with the use of a Taser.63
Similarly we identified incidents where officers appeared to rely on their Tasers when confronted with high risk situations, rather than calling or waiting for specialist units to arrive. We found this happened when searching premises under high risk conditions and in other high risk incidents such as sieges. Our concern is that officers could become overly reliant on Tasers, and expose themselves and others to risks – rather than seeking assistance from police officers specially trained in dealing with such situations.
We were also concerned that the TRPs were inconsistent in identifying this issue. In our view, this suggests that the Taser SOPs should be amended to provide better guidance about when officers should be calling for assistance from specialist officers in high risk situations.
7.14.1 High risk searches
We identified five cases in the sample period where Tasers were used to search premises in what could be described as a high risk situation. In these cases, we are satisfied that it was appropriate for officers to be armed when carrying out searches – as typically police had information that the person they were looking for might be armed or had just committed a serious violent crime. However our review raised a question about whether the Taser is an appropriate tactical option for general duties police to be using during high risk searches, and whether they should be calling for assistance from the TOU.
In five cases, the TRPs considered the use of a Taser was appropriate. However in one case – outlined in Case study 19 – the TRP identified a concern that the Taser might not have been an appropriate tactical option given that it was a high risk incident.
Case study 19 – Drawing a Taser during a high risk search
Officers were called to residential premises in relation to a possible homicide. They found a man sitting in the lounge room with stab wounds to his abdomen and the victim deceased on the kitchen floor. Police armed the Taser in draw and cover to apprehend the accused and search the premises without incident.
Police assessment of the Taser use
The TRP in this matter sought further information from the LAC ‘regarding the use of other tactical options (i.e. firearms) for the incident given that the [the man] had just murdered his wife with a knife (Operational Safety issue)’.
Our assessment of the Taser use
While we have not been advised of the outcome of this request for further information, we consider the TRP acted appropriately in identifying the use of Taser without cover of a firearm as an operational safety risk. In five of the six cases within the sample period in which a Taser was used to search in a high risk situation, the TRP said the use was consistent with the Taser SOPs and did not record any concerns about police conducting a high risk search using a Taser. Case study 20 is an example of this.
Case study 20 – Drawing a Taser during a search for a suspected murderer
Police responded to a 000 call in relation to a possible homicide. When police entered the premises, they found a large pool of water flowing from the kitchen and a blood trail across the floor. Officers could hear a man’s voice coming from the bathroom yelling abuse and called a police negotiator. Negotiations proved unsuccessful and officers then searched the premises with the assistance of the Dog Squad. The Sitrep states that ‘during the search of the premises [the Taser] was used to draw and cover only’. The man locked in the bathroom was suspected of murdering his de facto partner and officers were at the time unaware of any other possible suspects within the premises.
Our assessment of the Taser use
Given the violent nature of the offence and the possibility that other people might have been on the premises, it was reasonable for the officers to fear further violence could take place. In light of this, we considered it was prudent for officers to be armed while searching the premises. However, it did not appear that any other officer covered the Taser user with a firearm during the search. It seemed to us that the assessment of tactical options in this incident might have placed the responding officers at significant risk of harm.
In relation to a decision to use a firearm or a Taser during a search, the Taser Tips & Tricks document states:
As the officer on scene, you are the best judge as to which tactical option is most appropriate. However, please consider your own welfare when determining what is the best option, particularly when conducting building searches or attending scenes where confronting offenders with firearms is a possibility. Remember the Tactical Options Model.64
This additional guidance may assist officers, but it does not address the issue of when it is appropriate to call for assistance from specialist units such as the TOU. It also doesn’t clarify the circumstances in which using a Taser to conduct a search is consistent with the Taser SOPs. The NSWPF advised that the Taser Tips & Tricks document is only additional guidance material and officers are not bound to comply with it as they are the Taser SOPs.65
Not every situation involving unknown facts, such as whether a person is hiding in premises, will warrant the use of a Taser. An assessment of whether Taser use is justified would need to take into account matters such as:
• any warnings or information given to the officers attending the scene that indicate they may be confronted with violence
• what can be seen and heard that may indicate that officers may be confronted with violence.
These matters should form part of an officer’s risk assessment under the TOM. We consider the Taser SOPs could be improved by providing additional instruction about when it may be appropriate to use Tasers during searches.
7.14.2 Other high risk situations
We also identified a number of cases in which the Taser was used in other types of high risk situations. We are concerned that the TRPs were not consistent in identifying whether the incident was high risk, whether negotiators or the TOU should have been called, and whether it was appropriate to use a Taser rather than another tactical option, such as a firearm.
Case study 21 – Failing to call specialist police to a high risk incident
Police attended a location in response to a call about a woman screaming and a violent argument taking place. The COPS record states that there was an argument between the tenant and a male resident and the tenant had assaulted both residents. After initial enquiries with the occupants were unsuccessful, backup officers and a warrant were sought.
After the arrival of backup officers and while police were waiting for the warrant, both residents left the unit. The tenant yelled through the front door that if any police tried to enter he would shoot them in the head with a shotgun. The COPS record states that ‘due to an immediate risk of harm to police and other residen[ts], a police dog was called and police have forced entry to the unit’.
When police entered the premises, the tenant was sitting on the couch in the dark with his hands in between his legs in a concealed position. As police could not see if the tenant was concealing any firearms or weapons, the Taser was used in draw and cover – and an OC spray was used on the tenant’s face. This forced him to raise his hands to his face and reveal that he was not holding a firearm. The police then moved in to secure him.
Police assessment of the Taser use
The TRP found that the scenario should have been dealt with by ‘contain and negotiate’ rather than officers forcing entry with a dog unit and covering with a Taser.
In Case study 21, the TRP identified the issue of general duties officers failing to contact specialist police to assist with a high risk incident. By contrast, in Case study 22, officers had called for specialist support – but then one officer appeared to use a Taser to try to resolve the incident rather than following the guidelines to ‘contain and negotiate’.
Case study 22 – Using a Taser to resolve a high risk incident
Police had contained a man who was suffering from schizophrenia on the roof of residential premises. The man was carrying a number of large carving knives. While police were waiting for TOU and negotiators, they tried to persuade the man to get off the roof and put the knives down. At the beginning of the Taser Cam audio, it appears the Taser user was assessing whether he could get a shot at the man and whether that represented a risk of the man falling off the roof. The Taser Cam audio records the Taser user discussing with another officer whether he should climb to a better vantage point. The man paces up and down the roof and is speaking to police. Nineteen minutes into the footage, the man moves towards the edge of the roof closest to the officer aiming the Taser and throws one of the knives and a number of fallen twigs from an overhanging tree in the direction of the officer. The officer discharged the Taser but the probes missed the man. Subsequently, the man agreed to leave the roof without the use of a Taser.
Police assessment of the Taser use
The TRP reviewed the Taser use at the request of the weapons trainer. The review examined the height at which the probes were discharged and provided reasons mitigating any potential risk. The review determined that the Taser use was satisfactory and appropriate in the circumstances. The TRP did not comment about whether the Taser user’s actions went beyond ‘contain and negotiate’ or whether it was appropriate for the officer to try to resolve the incident using his Taser rather than waiting for the TOU.
7.14.3 NSWPF concerns about high risk incidents
The NSWPF advised that they share our concerns about the tendency for officers to try to resolve high risk situations without the assistance of specialist officers.66
They provided us with data showing the number of incidents to which the State Protection Group (which includes the TOU, Negotiation Unit, Dog Unit, Rescue and Bomb Disposal and the Police Armoury) is called has steadily declined over the past six years – see Figure. 11. In particular, calls for assistance under the categories ‘armed and dangerous’ and ‘suicide intentions’ show a more than 50% decline. Calls relating to assistance in executing high risk search warrants have also declined significantly – see Figure. 12.
Figure. 11: Number of jobs the NSWPF State Protection Group was called to: 2006 – 2011 0 50 100 150 200 250 300 2006 2007 2008 2009 2010 2011 270 236 224 189 161 139
Source: Data provided by the NSWPF.
Figure. 12: Number of jobs the NSWPF State Protection Group was called to, by job type: 2006 – 2011
0 50 100 150 200 250 2006 2007 2008 2009 2010 2011 Search warrants Suicide intentions Armed and dangerous
Source: Data provided by the NSWPF.
The NSWPF have not advised us of their views about why there has been this decline. It may be due to a number of factors – such as a reduction in armed and dangerous incidents or because general duties officers are dealing
with more serious matters without calling for assistance. We believe it would be beneficial for the NSWPF to analyse this issue.
In January 2011, the Deputy Commissioner (DCOP), Field Operations issued a memorandum to all Region
Commanders and the Commander of State Crime Command noting that the TEC and TRPs had identified instances where general duties police have acted and deployed a Taser, in circumstances that appear to fall within the definition of high risk incidents. The memorandum stated:
I expect the Region Commanders will review all matters and take appropriate action in situations whereby Tasers, issued to General Duties Officers, are utilised during High Risk Incidents which do not involve exigent circumstances.67
The memorandum did not outline what would be ‘appropriate action’ in these circumstances. However, the NSWPF advised that as Region Commanders chair TRPs and manage high risk incidents, they are in a position to review these incidents with a high level of expertise.
Some guidance about high risk incidents is currently provided in the Mandatory Continuing Police Education, Taser Training Package and the Police Practice Journal – and the NSWPF expects officers to consider the TOM, Taser SOPs and the NSWPF Handbook when assessing risks. In the 2011–12 training year, police received training on identifying high risk situations and the appropriate strategies to deal with them, as part of mandatory annual training. After our consultation with the TEC about this issue, the NSWPF added the following advice to the Taser SOPs:
Taser should not be used to resolve ‘High Risk’ situations unless exigent circumstances exist that require immediate action which may include the use of TASER …68
A definition of high risk incident is also included:
A high risk incident is defined under the ‘National Guidelines For The Deployment Of Police To High Risk Situations, Deployment Of Police Negotiators And The Use Of Lethal Force’ … Where police are confronted with this type of scenario they should consider applying the strategy of containing the situation and seeking specialist support. TASERs should not be used as a substitute for applying the “National Guidelines For The Deployment Of Police To High Risk Situations” unless exigent circumstances dictate the need for immediate action.69
These amendments were included in Taser SOPs version 1.18 approved on 4 July 2012. We support including this advice in the Taser SOPs and make the following recommendation: