The National Decision Model Report Writing House Keeping

The National Decision Model Report Writing

House Keeping

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Central Pentagon Police Codes Of Ethics Needs to be considered at every stage

Codes of Ethics Standards of Professional Behaviour The main components of the Code are sets of principles and standards of professional behaviour. Policing principles Standards of professional behaviour Accountability Fairness Honesty Integrity Leadership Objectivity Openness Respect Selflessness Honesty and integrity Authority, respect and courtesy Equality and diversity Use of force Orders and instructions Duties and responsibilities Confidentiality Fitness for work Conduct Challenging and reporting improper conduct

Stage One Who is involved? What happened? When did it take place ? Where did it take place ? Why did that happen ? Gather Information and Intelligence Offender: Identify ? Capability Intent ? Immediacy ?

Stage Two Assess Threat and Risk and Develop a Working Strategy Categories: Unknown Low Medium High

This identification enables the officer to develop a working strategy to ensure their safety, the safety of other colleagues and the safety of the public. Profiled Subject Behaviour Compliance The subject offers no resistance and complies with requests. It is important that the officer understands that this could change rapidly. Reasonable officer response Verbal resistance and gestures The subject refuses to comply either verbally or, by their body language non-verbally. Communication skills The officer’s ability to effectively communicate verbally and non-verbally. Passive resistance The subject stands/ sits/ lies still and will not move. Primary control skills Use of empty hand skills including hip check, shoulder tipping and release techniques), pressure points, arm-locks, wrist-locks, use of handcuffing restraints and drawing a baton. Active Resistance The subject pulls away or pushes the officer but makes no attempt to strike them. Secondary control skills Use of incapacitants. Aggressive resistance The subject physically attacks the officer. Defensive and offensive skills Blocks, strikes, takedowns with skills, baton strikes or handcuffing. Serious or aggravated resistance The subject commits an assault which presents the possibility of serious injury or death. This includes the use of weapons. Deadly force Any action likely to cause serious injury or death. Use of unarmed skills, baton, firearms or by any other means. Presence This includes the way the officer approaches the scene, their manner, appearance and professionalism. An officer may also decide, when appropriate tactically withdraw their presence from a situation.

Stage Two Threat Assessment is based on fact, information and intelligence. Therefore: Ultimately forms the basis on which the proportionality of the Police response will be judged.

Threat And Risk Assessment and Develop a Working Strategy Example Information Intelligence: Subject: Brian Jobling is arrested for Section 18 Assault. He has warnings for firearms, weapons, violent, drugs and escape. Brian Jobling is on route to custody. Brian Jobling is compliant but drunk. Brian Jobling has previous convictions for assault Police WHAT IS ICII? Due to this information, previous knowledge and experience I had an honest held belief of: Threat of injury to member of the public: LOW Location (ECHR 2) Threat of committing further offences LOW Offender ( ECHR 1 - Protocol 1) Threat of injury to offender : LOW Offender (ECHR 2 Threat to work officers and myself: Medium Location (ECHR 2) My working strategy is (ECHR 2 should be primary Aim): Maximise safety of officers present in custody Minimise risk to members of the public Minimize risk to the subject Prevent escape and further re offending Secure and preserve evidence Withhold trust and confidence within Northumbria Police

Stage Three The basic proposition in law is that the use of force is unlawful unless it is justified Consider Powers And Policies • • • Use of Force : ECHR Common Law Criminal Law Act 1967 Section 3 Police and Criminal Evidence Act 1984 Section 117 Criminal Justice and Immigration Act 2008 Ten Key Principles Governing the Use of Force by the Police Service

ECHR The use of force must be absolutely necessary for a purpose permitted by law, such as self defence - defence of another, to prevent crime, or to effect a lawful arrest. Force should be used as a last resort. The amount of force used also must be reasonable and proportionate. This means that the degree of force used must be the minimum in the circumstances to achieve the lawful objective. Otherwise it is likely that the use of force will be excessive and unlawful.

Common Law This covers saving life, self defence and defence of others, defence of one’s property and prevention of a Breach of the Peace. The force must be reasonable and proportionate to the threat being offered The person must also have an honestly held belief that they, or another, are in imminent danger of attack. This highlights the need of or some evidential basis for the officer’s belief and would therefore require justification within any subsequent notes made. Common Law states that the person does not have to wait for the first blow to be struck before using any necessary force to defend himself, herself or another. This is referred to as a pre-emptive strike. Again there would need to be an evidential basis for this use of force and clear comprehensive notes justifying such force would have to be completed.

Criminal Law Act 1967 Section 3 “A person may 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 of persons unlawfully at large. ” Therefore any force used must at all times be proportionate and reasonable in the circumstances.

Police and Criminal Evidence Act 1984 Section 117 “Where any provision of this Act a. confers a power on a constable; and b. does not provide that the power may only be exercised with the consent of some person, other than a police officer, c. the officer may use reasonable force, if necessary, in the exercise of the power. ” Powers under PACE can only be exercised by a ‘constable’ or ‘designated’ officer. 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.

Criminal Justice and Immigration Act 2008 Section 76 sets out what degree of force is reasonable during criminal proceedings where reliance is placed upon self defence or section 3(1) of the Criminal Law Act 1967 which relate to the use of force in the prevention of crime or making an arrest. It uses elements of case law to illustrate how the defence operates. It does not change the current test that allows the use of reasonable force. For defending a criminal charge the defence of self defence or under Section 3 CLA 1967 will be available to a person if they honestly believed it was necessary to use force and if the degree of force used was not disproportionate in the circumstances as they viewed them. The section sets out that a person who uses force is to be judged on the basis of the circumstances as they perceived them, that in the heat of the moment they will not be expected to have judged exactly what action was called for, and that a degree of latitude may be given to a person who only did what they honestly and instinctively thought was necessary. A person is entitled to have their actions judged on the basis of their view of the facts as they honestly believed them to be, even if that belief was mistaken. Note: Section 76 does not apply in civil proceedings where the belief of the person who used force will also have to be reasonably held on objective criteria.

Criminal Justice and Immigration Act 2008 The interpretation of the word ‘reasonable’ is a key concept concerning use of force. Section 76 of the Criminal Justice and Immigration Act 2008 seeks to clarify the ‘what is reasonable’ within common law and section 3(1) of the Criminal Law Act 1967. The concept of ‘reasonableness’ is a question of fact to be decided in each individual case.

Ten Key Principles Governing the Use of Force by the Police Service 1. Police officers owe a general duty to protect persons and property, to preserve order, to prevent the commission of offences and, where an offence has been committed, to take measures to bring the offender to justice. 2. Police officers may, consistent with this duty, use force in the exercise of particular statutory powers, for the prevention of crime or in effecting a lawful arrest. They may also do so in self defence or the defence of others, to stop or prevent an imminent breach of the peace, and to protect property. 3. Police officers shall, as far as possible, apply non-violent methods before resorting to any use of force. They should use force only when other methods have proved ineffective, or when it is honestly and reasonably judged that there is no realistic prospect of achieving the lawful objective identified without force. 4. When force is used it shall be exercised with restraint. It shall be the minimum honestly and reasonably judged to be necessary to attain the lawful objective. 5. Lethal or potentially lethal force should only be used when absolutely necessary in self defence, or in the defence of others against the threat of death or serious injury. 6. Any decision relating to the use of force which may affect children, or other vulnerable persons, must take into account the implications of such status including, in particular, the potentially greater impact of force on them. 7. Police officers should plan and control operations to minimise, to the greatest extent possible, recourse to lethal force, and to provide for the adoption of a consistent approach to the use of force by all officers. Such planning and control will include the provision to officers of a sufficient range of non-lethal equipment and the availability of adequate medical expertise to respond to harm caused by the use of force. 8. Individual officers are accountable and responsible for any use of force, and must be able to justify their actions in law. 9. In order to promote accountability and best practice all decisions relating to the use of force, and all instances of the use of force, should be reported and recorded either contemporaneously, or as soon as reasonably practicable. 10. Any decision relating to the use of force by police officers must have regard to the duty of care owed by the relevant police service to each individual police officer in the discharge of his duties. Deployment of police officers in a public order context where force may be used can carry grave risks to their own safety, and so must be the subject of rigorous control for that reason also.

Stage Four Identify Options and Contingencies • • • Proportionate Legitimate Authorised/Accountable Necessary Scrutiny P. L. A. N. S.

Stage Five Take Action and Review What Happened

Introduction • On 01/04/2017 it became mandatory that all use of force must be recorded by Police officers and staff • The Chronicle system is an electronic form to be used for this data capture and follows the nationally agreed format • The recording of this information will allow officers to demonstrate a rationale as to why force was used • The record created by the officer will be a disclosable document therefore accuracy of completion is required • Supervisors will be provided with administration access to allow a review of records • Compliance will be monitored by Operations Department and referred to the Powers and Policy Group meeting

Procedure A record is to be completed: • As soon as is practicable and in all cases within the tour of duty the force was used • When an officer or staff member staff uses force on a person • If force is used on multiple persons a new form will be completed for each individual on whom force is used • One record should be completed where force has been used over a period of time against person/s not subsequently apprehended in a designated public order event Individual officers will input data for their own use of force only and not for or on behalf of colleagues.

When should you complete? • Handcuffing (compliant and non-compliant) • Unarmed skills (including pressure points, strikes, restraints and take downs) • Use of dogs • Drawing or use of baton • Drawing or use of irritant spray • Limb / Body restraints • Spit guard • Conductive Energy Device (C. E. D. currently TASER - in any of the 7 categories of use)

Questions