Deployment and Use of Energy Conductive Devices ('Tasers') by The States of Jersey Police (P.97/2020): second amendment [P.97/2020.Amd2]

STATES OF JERSEY

DEPLOYMENT AND USE OF ENERGY CONDUCTIVE DEVICES (TASERS') BY THE STATES OF JERSEY POLICE (P.97/2020): SECOND AMENDMENT

Lodged au Greffe on 27th October 2020

by the Children, Education and Home Affairs Scrutiny Panel

STATES GREFFE

2020  P.97 Amd.(2)

DEPLOYMENT AND USE OF ENERGY CONDUCTIVE DEVICES (TASERS') BY THE STATES OF JERSEY POLICE (P.97/2020): SECOND AMENDMENT ____________

1  PAGE 2, PARAGRAPH (a) –

For paragraph (a) substitute the following paragraph –

"(a)  A Taser will only be issued to a uniformed police officer who has

completed a Taser course (to the national standard) and who has also completed their probationary period."

2  PAGE 2, PARAGRAPH (c) –

After paragraph (c) insert the following new paragraph –

"(d)  Any use of a Taser must be recorded on body-worn cameras by all

officers attending the situation in which use occurs, with the footage to be submitted, retained and logged alongside the use form from the incident."

CHILDREN, EDUCATION AND HOME AFFAIRS SCRUTINY PANEL

Note:  After this amendment, the proposition would read as follows –

THE STATES are asked to decide whether they are of opinion

to refer to their act dated 1st April 2014 and to endorse the intention of the Minister for Home Affairs to authorise the deployment and use of Energy Conductive Devices ("Tasers") by the States of Jersey Police Force in accordance with the following principles –

1. A Taser will only be issued to a uniformed police officer who has completed a Taser course (to the national standard) and who has also completed their probationary period.
2. The use of a Taser will be at the discretion of the police officer who is carrying the Taser and will not be subject to a specific firearms authority.
3. Usual supervision of the use of Taser will apply and the individual officer's usage must be justified and compliant with all existing legislation and associated College of Policing Guidelines.
4. Any use of a Taser must be recorded on body-worn cameras by allofficers  attending  the  situation  in  which  use  occurs,  with  thefootage to be submitted, retained and logged alongside the use form from the incident.

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P.97/2020 Amd.(2)

REPORT

1. As Members will be aware, the Children, Education and Home Affairs Scrutiny Panel (hereafter the Panel') lodged its amendment to Deployment and Use of Energy Conductive Devices (Tasers') by the States of Jersey Police' (P.97/2020) (hereafter P.97/2020') on Tuesday 20th October 2020. This was lodged as a result of the Panel's review of P.97/2020, in conclusion of which it is planning to present a report to the States Assembly on Thursday 29th October 2020. As stated in the previous amendment report, the full findings and recommendations of the review will be presented at that time.
2. In addition to that amendment the Panel agrees that further revision is required to clarify the use of body-worn cameras by Police Officers when discharging Taser. Furthermore, it agrees that extra clarity was required in the proposition in relation to the levels of experience of any officers who would be placed in a position to discharge a Taser in the line of duty.
3. Accordingly, this additional amendment would clarify the following key points in respect of the principles being proposed by P.97/2020:

• An officer would only be able to carry and deploy a Taser once they had completed their probationary period (2-years); and

• Any use of a Taser by a States of Jersey Police Force Officer must be recorded on body-worn cameras by all Officers attending a particular situation. This footage must then be submitted, retained and logged alongside the use form from the incident. It is important to clarify that the term use of Taser' does not mean simply that it is fired. This also includes instances where a Taser is drawn, aimed, red-dotted (similar to a laser-target being placed on the person involved), arced and ultimately fired. The Panel would state for clarity that this amendment requires any use within these various staged to be recorded by the body worn cameras of all Officers present.

4. The Panel notes that it is current policy for Police Officers to utilise body-worn cameras whilst involved in such situations, however, it has concluded that this necessary safeguard should be explicit in any decision of the States Assembly in relation to the principles set out in P.97/2020.

Financial and manpower implications

There are no financial implications for the States arising from this Proposition. It is expected that any additional manpower requirements arising from the administration of body worn camera footage would be met from within existing budgets where possible.

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P.97/2020 Amd.(2)