Tasers - time to restrict their use?
Police officers must ensure that stun guns are used to the letter of the law or they may see face criminal charges
The incident in London last Sunday resulted in a 25-year-old man being Tasered
and shot by firearms officers in the early hours of the morning, raising
again the issue of the reasonable use of force by police. Was the dual use
of the stun gun and firearms justified and proportionate?
The Taser-related incident in South East London on February 19 occurred within days of Amnesty International urging stricter limits on the use of the Taser stun gun.
Last week, it was reported that a 43-year-old man, Johnnie Kamahi Warren, had been Tasered twice by a police officer in Dothan, Alabama and died within hours due to breathing difficulties. Amnesty International has recorded that since 2001 there have been at least 500 people who have died in America following the use of the Taser either during arrest or while in jail.
The Taser stun gun, which is classified as a prohibited weapon under Section 5 of the Firearms Act 1968, should only be used when officers are facing violence or threats of violence of such severity that they would need to use force to protect the public, themselves or the subject. Outside this remit the use of the Taser would become unlawful and a potential breach of Article 3 of the European Convention of Human Rights, which states that “no one shall be subjected to torture or inhuman or degrading treatment, or punishment”.
Media reports tend to suggest that force on this occasion was disproportionate and reaffirm the need for a review of the ACPO Taser Policy and Operational Guidance.
Since 2008, there have been a significant number of cases that have involved Taser use on those suffering from mental health issues. Although the Guidance specifically states that caution should be taken against use on certain groups of people, in reality little regard is given to such warnings.
This is evident by the Channel 4 report last year, which found that there had been on average an increase of 130 per cent in Taser use across most police forces. It is difficult to see how the police can justify such an increase in one year, further weight to the view that the Taser is being used disproportionately and that we should take on board Amnesty International’s call to restrict the use of Tasers.
Tasers have a part to play in modern policing and if their use is correctly regulated and monitored then they could be an effective deterrent in the fight against crime. But until that time police officers must take appropriate steps to ensure that their use is to the letter of the law otherwise they may see themselves subject to criminal charges.
Sophie Khan, solicitor-advocate specialising in Actions Against the Police at GT Stewart and represents a number of people Tasered by the police
http://www.thetimes.co.uk/tto/law/article3328524.ece
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