Solicitors Journal -Tasers

Tasers: the safety of the public must be put first 8 May 2012

By Sophie Khan

The Met Police commissioner has decided to roll out potentially lethal weapons without considering the risks or reviewing the current guidance, says Sophie Khan

Last November, the commissioner of the Metropolitan Police pledged that he would increase the number of Tasers on the streets of our capital following the stabbing of four Metropolitan Police officers in Kingsbury, Harrow. And at the beginning of April he did just that and added ‘roll out Tasers’ to his list of ten commitments drawn up for an internal publicity campaign. Within months there will be 64 more stun guns capable of being deployed as two fast response vehicles in each of the London boroughs will also be permitted to carry them.
The commissioner decided not to hold a public consultation, even though he was aware of the public interest surrounding the use of Tasers, and, as the Metropolitan Police Authority has now been abolished, there has also been no scrutiny of his decision. In the absence of any consultation the commissioner’s decision could be subject to a judicial review as he has failed to consider the real risks associated with an increase, especially when the safety of the device is being questioned more and more everyday.
It was only on 27 March 2012 that Taser International, the manufacturers of the stun gun, lost their appeal before the US District Court Western District of North Caroline Division in the case of Darryl Turner who died after being Tasered in 2008 (see ‘The Met Police must heed the warnings about Tasers’, Solcitors Journal 155/47, 13 December 2011). On appeal it was held that the “Taser causes sudden death” and that the device is being given to police with false assurances of its safety. The Taser has also been linked to 26 deaths in Canada and 15 reported deaths in Australia.
Due to the number of fatalities associated with their use the commissioner should have called for a review of the current ACPO Taser Operational Guidance to determine whether the Taser is safe to use on the British public. The incident in Forest Hill in February, which resulted in a man being shot by firearms officers, could have resulted in significant injuries to the officers who initially were relying on the Tasers to incapacitate the man. The reasons why the Tasers failed to deploy in such an incident needed to be investigated and taken on board before any increase in their use was commissioned.

Violence perpetuates violence

In response to my article of 13 December 2011, many readers felt that my criticism of the use of Tasers was unjustified as they felt that they had a right to protect themselves and “go home safely to their families”. I acknowledge the dangers that police officers face on duty but do not think that an increased use of Tasers is the answer, as violence perpetuates violence and instead communication should always be the first resort. The dangers to members of the public do outweigh the safety arguments made by the police and for that reason the commissioner should look again at his decision to roll out Tasers and seek alternative views before taking any further steps.
The use of the Taser has a part to play in policing, but because of the inherent dangers associated with the gun their use must remain limited. If there is to be an increase in their use then the ACPO Taser Operational Guidance has to be reviewed and updated so that the public has confidence that there is the requisite level of accountability when they are used. In the absence of a review it is difficult to see how the commissioner can justify handing over more lethal weapons to his officers when it has been proven that Tasers can cause death.
The commissioner must place the safety of the public first and learn lessons from countries where the number of deaths continue to rise as the number of Taser stun guns grow. I am regularly reminded by police officers that there is a difference in British policing to that of their American counterparts but they forget that the Taser stun gun they use is the same.
The same consequenc es could occur in Britain if the commissioner continues with his ‘roll out’ programme.
Total policing must encompass total consequences and until the consequences in relation to Tasers have been properly reviewed I believe that the safety of the public remains at risk.
Postscript:Sophie Khan is a solicitor advocate specialising in actions against the police at GT Stewart (www.gtstewart.co.uk)

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