Accountability Justification Use of Force Reporting Manage Conflict

Accountability & Justification Use of Force Reporting

Manage Conflict Situations in Policing (Unit 3) Assessment Criteria Covered: 1. 6 Summarise the procedures for recording and reporting incidents involving personal safety skills and equipment • Use of Force Form • MG 11

Objectives By the end of this session officers should be able to: • Account and justify actions including use of force. • Understand local procedures in relation to use of force recording and reporting. 3

Accountability As per the Code of Ethics, you are accountable for your decisions, actions and omissions You need to record in detail: • • Your decisions Any use of force Evidence in relation to any offence Reason for arrest if applicable Poor and/or non-explanatory use of force accountability could possibly lead to officers encountering difficulty in explaining their decisions and subsequent actions in civil or criminal proceedings.

Accountability The following information could form part of an account of an incident, however it should not be viewed as an exhaustive list, it is more of a template to help you in structuring your statement. These are the ‘key elements’ which will be explored in more detail in this session 5

Officer Arrival Day, date, time and place – be thorough in your description Avoid Abbreviations Use between times if you cannot recall exactly Marked or unmarked vehicle? Uniform or plain clothes? How was contact established and how did you identify yourself as a Police Officer Who else was present, their roles and actions Reason for initial contact

Approach to the Scene Use “I saw…” rather than saying that you noticed something Remember R V TURNBULL (ADVOKATE) Record conversation in speech marks, using the actual words used (Even swear words!!) Detail exactly what you can remember, be truthful and descriptive Set the scene – full description, including access/egress, lighting, mood, weather, restrictions eg: - due to clothing which may impact on the choice of tactical option used/not used, potential weapons, availability of backup

Other considerations Was the incident at one location or was it fluid? Did the incident take place in the vicinity of known associates? Weapons – seen or unseen – if seen provide full description of what you saw. . Or what you thought you saw (including shape, length, materials and colour Hostile crowds / community impact Record any words/chants used, Is Alcohol, Drugs a factor? What is the weather like? How many are in the crowd? How many of these are actively involved? Availability of Backup

Subject Actions Verbal – Actual words, swear words, tone, volume, pitch, emphasis Non-Verbal – Body language, warning and danger signs Physical actions - closing a reactionary gap, running away or resisting Unusual behaviour – Consider if the subject is suffering from ABD Subject v Officer Comparison 10 Point Description Scale 1. Ethnicity 2. Gender 6. Hairstyle & colour 7. Complexion 9. Clothing 9 3. Age 4. Height 5. Build 8. Distinguishing Features 10. Carrying Anything?

Officer Actions What tactical options were considered used and not used? Was any equipment deployed (batons, TASER, shields, etc. )? How did resistance change (reduce or increase) with the application of each tactical option? When did resistance cease? Which unarmed skills, restraints or mechanical restraints were used? – include any information given to subject and any aftercare provided Officer observations of subject behaviour before, during and after transportation Transport used – “the subject was transported to *** in a marked Police vehicle” Officers present during transport phase Did the subjects attitude and behaviour improve or get worse? – full description Cover your previous personal experience or knowledge of the subject, similar calls, the venue.

Section 117 PACE 1984 (Police Officer) Confers power on a constable to use reasonable force in executing any power under PACE It permits the use of reasonable force in exercising any power under PACE 1984 unless it specifically requires the consent of a person who is not a police officer. Again, the responsibility for the use of force rests with the individual officer, who will be answerable to both criminal and civil courts. Any use of force must be reasonable, lawful and in line with the Code of Ethics /PLANE

Common Law (Any Person) • Protect ____, ____and prevent a BREACH _____ of OTHERS SELF ______and PROPERTY the _____which is imminent or occurring. PEACE Any use of force must be reasonable, and: P L A N E PROPORTIONATE LAWFUL ACCOUNTABLE NECESSARY ETHICAL Any person can use reasonable force to defend themselves or others against an attack Allows for pre-emptive strike

Sec 3 Criminal Law Act 1967 (Any Person) • Any person can use such force as is _____ REASONABLE in the circumstances, in the _____ PREVENTION of crime, or in the effecting or assisting in the _________ LAWFUL arrest of _____ OFFENDERS or SUSPECTED _____ OFFENDERS or persons unlawfully at large. You are personally responsible for any use of force and this must be reasonable and justified. All forcemust be • P. L. A. N. E. • Proportionate to the seriousness of the case.

Human Rights Act 1998 (Any Person) Officers should act in line with the Human Rights of any person at all times. Article 2: Right to life Article 3: Prohibition from torture and inhuman or degrading treatment Article 8: The right to respect for private and family life, home and correspondence

Sec 76 Criminal Justice & Immigration Act 2008 The defence of self-defence or under Section 3 Criminal Law Act 1967 will be available to any person if: • They honestly believed it was necessary to use force AND • The degree of force used was not disproportionate in the circumstances as they viewed them. Relates to a person who honestly and truly believed that their actions were necessary, given the circumstances that were presented to them at that time.

Use of Force Reporting You are required to submit a Use of Force Reporting form any time that ANY force is used (Including compliant handcuffing). The form can be accessed on The Source – More Applications – Use of Force Why should you complete a form? Tells us what you are using and whether it is effective Helps to inform training Supports you if there is a complaint An independent Scrutiny Panel has been set up to review Use of Force within NYP, they will look at use of force forms and BWV with the main aim to check necessity and proportionality. SPOCs are carrying out dip sampling to ensure forms have been completed where force has been used.

How many forms? One form per Subject One form per Officer Eg: 2 officers use force on 1 subject = 2 forms 1 officer uses force on 3 subjects = 3 forms This is because each officer must justify and account for their own use of force. Also, one officer may perceive threat / impact factors differently to another officer which impacts on individual tactical options selected

Location of the UOF Form 1) Click on More Applications on The Source Homepage 2) Click on Use of Force Form (listed alphabetically)

3) Click on ‘Submit Use of Force Form This will take you to the form, which you will need to complete The form is shown on the following slide……

Use of Force Form Type your collar number in here Then click on the tick symbol When you click the tick symbol, your name appears the collar number field

Click on ‘Next’ to move on…

1220000001 C 200000001 01/01/2020 Complete the incident number, Custody number and Date/Time of Incident

Click on ‘Next’ to move on

Click on ‘Next’ to move on

Click on ‘Next’ to move on This page repeats until you have covered ALL tactical options that you used

Bilbo FREDBAG 01/01/1988

You click ‘Finish’ and your use of force form has now been submitted

Knowledge Check 1. When should a use of force form be submitted? Any time that ANY force is used 2. If two officers use force on one individual, how many forms should be submitted? 2 3. If one officer uses force on three individuals, how many forms should be submitted? 3 4. Where can you access the use of force reporting form? The Source – More Applications – Use of Force 5. How often is NYP’s use of force data published? Quarterly

Personal Safety Manual Link (Click Here)