Documents/guidance documents issued to police officers governing their conduct

Freedom of information request reference no: 01.FOI.22.024598

I note you seek access to the following information:

REQUEST 1:
I am trying to locate policy documents / guidance documents issued to police officers, or otherwise governing their conduct, with respect to use of force. In essence, I am trying to locate the authoritative guide for police officers to use when they are on patrol and have to use force. At present, all I have located is the ‘reasonable use of force’ provision, rather than more concrete guidance.

On a related note, I am trying to locate any information on whether an officer is obliged to warn a suspect before using force which I imagine would be contained within the same guidance/policy document.

I have scoured the NPCC publications, the College of Policing APP documents, and the Met policy documents, and PACE, but have found nothing. I assume the Met Data Team might be able to know where such documents can be found?

REQUEST 2:
1. Provision of policy document regarding use of force - i.e. on-the-ground guidance for officers on use of force, guidance and policy on its deployment beyond 'reasonable use of force';
2. Provision of ‘reporting use of force’ guidance and documents:
a. Use of Force example form;
b. guidance documents on reporting use of force;
c. Policy on who needs to be informed when use of force is deployed.

With a view to answering the following questions:
1. Save for a discretionary judgement call as to 'reasonable use of force', what guidance is issued to officers in more concrete terms to determine when to use force, and what force is best used (if guidance is available, please kindly provide the same);
2. Is there a policy in place on whether an officer is obliged, required, or encouraged to warn a suspect before using force (if so, please kindly provide the same);
3. Is there a policy in place on whether a supervisor, custody sergeant, professional standards team, or IOPC needs to be informed when force is used, and under what circumstances that referral is required (if so, please provide the same);
4. Is there a policy in place on when and how a use of force form must be completed and whether this is mandatory (if so, please kindly provide a copy of the policy and a blank version of the form for reference).

Decision

I have today decided to disclose the located information to you in full.

Please find below and attached information pursuant to your request above.

REQUEST 1:
I am trying to locate policy documents / guidance documents issued to police officers, or otherwise governing their conduct, with respect to use of force. In essence, I am trying to locate the authoritative guide for police officers to use when they are on patrol and have to use force. At present, all I have located is the ‘reasonable use of force’ provision, rather than more concrete guidance.

On a related note, I am trying to locate any information on whether an officer is obliged to warn a suspect before using force which I imagine would be contained within the same guidance/policy document.

I have scoured the NPCC publications, the College of Policing APP documents, and the Met policy documents, and PACE, but have found nothing. I assume the Met Data Team might be able to know where such documents can be found?

With regards to Request 1 please see below.

The Personal and Public Safety Unit (PPSU) Policy on the Use of Force is as follows:
Use of force Q&As

What powers gives authority for the use of force?
Authority for the use of force is found in:
• Common law
• Section 117 of the Police and Criminal Evidence Act 1984
• Section 3(1) of the Criminal Law Act 1967

What are the overriding principles in respect of the use of force?
The lawful use of force invariably includes the overriding principle that it must be reasonable, proportionate and necessary. As such, the exercise of any power for which the use of force is contemplated should also be reasonable, proportionate and necessary.

What must I do if I use or threaten to use force?
Police officers who use or threaten to use force against another person or another’s property are personally responsible for their actions and may be required to justify their actions in criminal, civil or disciplinary proceedings. Officers cannot simply rely on their status or orders given to them by any other person, as a means of defence. Any use of force must be documented, for example in an EAB, MG11 or pocket book.

When do I need to complete a ‘use for force e-form’?
The rules for completing an e-form are the same as the Criminal Justice rules for recording evidence, and are described in the following scenario:
• A detained person is guided by the elbow along the cell passage. No other force is used. This action does not require evidential notes nor the completion of an e-form.

• A detained person is held in the ordinary police hold and taken along the cell passage. This action does require evidential notes and the completion of an e-form.

The PPSU are unaware of any policy, guidance or document which requires a warning before using force.

REQUEST 2:
1. Provision of policy document regarding use of force - i.e. on-the-ground guidance for officers on use of force, guidance and policy on its deployment beyond 'reasonable use of force';
2. Provision of ‘reporting use of force’ guidance and documents:
a. Use of Force example form;
b. guidance documents on reporting use of force;
c. Policy on who needs to be informed when use of force is deployed.

In relation to Request 2

Regarding the policy on the use of police force in London
The National Personal Safety Manual contains instructions and guidance, which reflect the national position of personal safety. It has been designed for the guidance of MPS staff and forms the basis for MPS Officer Safety Training. The techniques included in the manual are not exhaustive. Rather, they represent a range of tactical options, selected to accommodate individuals of varying physical abilities, which are effective and relatively simple to use.
If individuals employ techniques that are not covered, then, as with all uses of force, they may need to account for their actions in order to show that what they did was proportionate, legal, accountable and necessary in the circumstances. To view a redacted version of the NPSM please visit – THE PERSONAL SAFETY MANUAL

Finally in the MPS officers and Staff who use force must complete a Use of Force Form along with any other notes.

Please find a copy of the Use of force form below. You may need to copy this link into a browser to access the relevant information. In addition to this you will find some other documents regarding the use of force on the same page which may be of interest to you:
Published Items

With a view to answering the following questions:
1. Save for a discretionary judgement call as to 'reasonable use of force', what guidance is issued to officers in more concrete terms to determine when to use force, and what force is best used (if guidance is available, please kindly provide the same);
2. Is there a policy in place on whether an officer is obliged, required, or encouraged to warn a suspect before using force (if so, please kindly provide the same);
3. Is there a policy in place on whether a supervisor, custody sergeant, professional standards team, or IOPC needs to be informed when force is used, and under what circumstances that referral is required (if so, please provide the same);
4. Is there a policy in place on when and how a use of force form must be completed and whether this is mandatory (if so, please kindly provide a copy of the policy and a blank version of the form for reference).

There are guidelines for informing the IOPC. Please find attached the statutory guidance by the IOPC. The sections relevant are, chapter 7 for death and serious injury matters definition and Chapter 9 for referrals.

Please find below information provided by Met Detention regarding the recording of the use of force in custody.

FORCE IN CUSTODY

Recording the use of force in custody
If force or restraint is used in the custody suite during the period of detention, whoever uses that force must complete the ‘Use of Force’ form and add the reference number to the custody record.

For any use of force or restraint prior to the detainee’s arrival in the custody suite, the officer who applied that force must complete the form. The arresting or escorting officer must inform the custody officer of any use of force or restraint that has been deployed as this will inform the custody officer’s risk assessment.

If force or restraint is used whilst a detainee has been taken away from the custody suite, for example during a s18 search, an ID procedure, or to be taken to hospital, the escorting officer who used force must let the custody officer know what happened upon their return and they must complete the Use of Force form. The reference number must be added to the custody record.

It is still the responsibility of the officer who used force or restraint to justify that use in their notes. Information about the use of force is vital for custody officers to enable them to make informed risk management decisions and to set appropriate care plans to manage detainee welfare.

A use of force includes taking fingerprints by force, cell relocations and forcibly placing a detainee into a cell.

The requirement for supervision when force is used against a detainee
When force is used against a detainee, the custody officer, or other supervisor if involved, must ensure that the health of the detainee is monitored and that the degree of restraint being applied is proportionate and reasonable. Monitoring should include assessing the detainee’s breathing and heart rate following the incident.
Detainees under the influence of alcohol or drugs, those who have a mental health issue or those who have a medical condition, are particularly vulnerable to the impact of being restrained. Responsibility for the use of force rests with the police officer (or DDO) exercising that force. They must be able to show that the use of force was reasonable, lawful, proportionate and necessary in the circumstances and they must make a written record of the force used.

Close supervision of the detainee’s health and welfare must be maintained during periods of prolonged restraint and during rapid initial restraint. Individuals may react differently to restraint, especially if held in the prone position. There is a risk of positional asphyxia when restraining a person and the prone position should be avoided if at all possible, or the period for which it is used minimised. Prolonged restraint and struggling can, particularly when the lungs are being squeezed while empty, result in exhaustion. This can occur without the detainee being aware of it and can lead to sudden death.
A detainee should not be left alone and unsupervised whilst in any form of restraint. Officers observing or monitoring must be aware of the location of the first aid bag.

Factors that can contribute towards death during restraint
These include situations where:
• the body position of a person results in a partial or complete obstruction of the airway and the subject is unable to escape from that position
• pressure is applied to the back of the neck, torso or abdomen of a person held in the prone position
• pressure is applied which restricts the shoulder girdle or accessory muscles of respiration while the person is lying down in any position
• the person is obese
• the person is a child or small adult
• the person has a heightened level of stress
• the person may be suffering respiratory muscle failure related to earlier violent muscle activity (such as a struggle).

HCP assessment after restraint
When a detainee is subjected to force that either causes, or is likely to have caused, some injury (even a minor or trivial injury), then consideration must be given to having that detainee seen by an HCP. If this option is not taken, the custody officer must record their rationale on the custody record.

Detainees who are in mental health crisis and have been subject to prone restraint should be treated as a medical emergency.

TASER use in the custody suite
Appropriately trained officers who have been issued with TASER will be permitted to carry it in MPS custody suites unless there is a specific risk to those present. The following apply:
• Met Detention staff will not be issued with or have access to TASER;
• TASER will only be used in direct response to a violent or potentially violent incident that the officer can justify as a use of force within the law having considered all their tactical options within the framework of the National Decision Making Model;
• TASER will not be used to facilitate a custody procedure, e.g. taking of fingerprints;
• TASER may be deployed on a pre-planned basis in custody by authorised firearms officers or TSG officers deployed through Met CC in response to a specific threat or incident;
• TASER may be deployed by specially trained BCU units in custody suites as a result of a spontaneous incident only when its use is proportionate, lawful and necessary, and the use of other control measures or tactics have been considered unsuitable or ineffective.

Any use of TASER on a detainee or within the custody suite must be reported to the custody officer and appropriate aftercare provided as soon as is practicable. The custody record must record if TASER has been used on a detainee before or whilst in custody.

Where TASER has been deployed in a custody suite, CCTV of the incident must be preserved for use in any subsequent investigation in relation to the detainee.