united-kingdom police use-of-force
What are the legal restrictions on police Taser use?
<p>Looking online it is hard to find the specific rules for Taser use by the police.  I have found <a href="https://www.npcc.police.uk/ThePoliceChiefsBlog/NPCCQuestionsandAnswersonTaser.aspx" rel="nofollow noreferrer">this from the National Police Chiefs' Concil</a>:</p>
<blockquote>
<p>Why use [Conducted Energy Devices (CED)] at all?</p>
<p>CEDs provide an additional option to resolve situations, including the threat of serious violence, which can come from any section of the public.</p>
</blockquote>
<p>And the <a href="https://www.police-foundation.org.uk/2017/wp-content/uploads/2017/08/tasers_briefing.pdf" rel="nofollow noreferrer">Police Foundation</a>:</p>
<blockquote>
<p>Currently Taser is only to be used where firearms would have been authorised or where an officer faces severe violence such that he or she needs to use force to protect the public, themselves and/or the subject</p>
</blockquote>
<p>And the <a href="https://www.college.police.uk/app/armed-policing/conducted-energy-devices-taser" rel="nofollow noreferrer">College of Policing</a>:</p>
<blockquote>
<p>Taser should only be used as a proportionate response to an identified threat. It should not be used to simply gain compliance with instructions or procedures where compliance is not linked to such a threat</p>
</blockquote>
<p><a href="https://www.keisukekomori.com/80-year-old-former-ballet-dancer-gets-tasered-by-armed-police/" rel="nofollow noreferrer">There was a case in the news earlier this year</a> where they seem to have been used outside this situation.  It is described so, by the 80 year old target of the taser who was awaken by the officers, and was in his pajamas:</p>
<blockquote>
<p>“At least four fully-dressed police officers carrying machine guns shone dazzling flashlights in my face, all shouting and shouting something unintelligible at me. They gave me no instructions, nothing.</p>
<p>“Suddenly one of them fired this Taser at me and the electricity started to zap. It hit me in the stomach and upper leg and I fell on the kitchen floor, powerless.</p>
<p>“Then they jumped on me, knelt on my back to pin me to the tiled floor, twisted my arms behind my back, handcuffed me and told me I was under arrest for a fight.”</p>
</blockquote>
<p>This sounds completely contrary to the statements above.  Is there any criminal law that restricts police Taser use?  What charges could be brought in such situations, and what defenses could be used?</p>

<p>I will only offer a general answer as I have no desire to enter the quagmire of potential sub-judice bearing in mind the cited case seems to be under investigation according to the <a href="https://www.bbc.co.uk/news/av/uk-england-london-60003253" rel="nofollow noreferrer">BBC article</a>:</p>
<blockquote>
<p>The Metropolitan Police has apologised and referred itself to the Independent Office for Police Conduct (IOPC).</p>
<p>The IOPC has since instructed the Met to conduct the investigation, but said if the complainant was unhappy with the outcome he would have the right of review.</p>
</blockquote>
<p>Beyond the requirements to pass various courses and achieving regular re-accreditation to carry a Taser - either as an Autorised Firearms Officer (AFO) or an Autorised Taser Officer (ATO) - there are no specific rules covering its use not already covered by the OP's links.</p>
<p>The relevant legislation is no different from, say, using a baton, applying handcuffs, spraying PAVA, or just by getting hold of someone to stop them running away - it must be reasonable in the circumstances.</p>
<p>There are three areas of law that permit a police officer to use force, Taser or otherwise:</p>
<p><a href="https://www.legislation.gov.uk/ukpga/1984/60/section/117?timeline=false" rel="nofollow noreferrer">Section 117</a>, Police and Criminal Evidence Act 1984:</p>
<blockquote>
<p>Where any provision of this Act —</p>
<p>(a) confers a power on a constable [<em>e.g. to make and arrest</em>]; and</p>
<p>(b) does not provide that the power may only be exercised with the consent of some person, other than a police officer,</p>
<p>the officer may use <strong>reasonable force</strong>, if necessary, in the exercise of the power.</p>
</blockquote>
<p><a href="https://www.legislation.gov.uk/ukpga/1967/58/section/3?timeline=false" rel="nofollow noreferrer">Section 3</a>, Criminal Law Act 1967:</p>
<blockquote>
<p>(1) A person may use <strong>such force as is reasonable in the circumstances</strong> in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.</p>
<p>(2) Subsection (1) above shall replace the rules of the common law on the question when force used for a purpose mentioned in the subsection is justified by that purpose.</p>
</blockquote>
<p><a href="https://www.lawteacher.net/cases/self-defence.php" rel="nofollow noreferrer">Common Law</a> allows a person to use reasonable force to:</p>
<blockquote>
<p>(a) Defend himself from an attack.</p>
<p>(b) Prevent an attack on another person [..]</p>
<p>(c) Defend his property.</p>
</blockquote>
<p>All officers are trained to use the <a href="https://www.college.police.uk/app/national-decision-model/national-decision-model" rel="nofollow noreferrer">National Decision Model</a> to assist with &quot;dynamic risk assessment&quot; when considering using force.</p>
<p>If an officer cannot reasonably justify its use as being necessary and proportionate to a perceived threat then, in all likelihood, it may well be at the very least unlawful assault. What offences an officer commits, if any, will depend on the particular circumstances.</p>

<p>Also, Article 2 of the European Convention on Human Rights - Right to life comes into play.</p>
<p>Article 2 ECHR applies to the use of lethal or potentially lethal force.</p>
<p>(1) Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.*</p>
<p>(2) Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is <strong>no more than absolutely necessary:</strong></p>
<p>(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.</p>
<p>Force used must be both necessary and proportionate.</p>
<p><a href="http://www.weaponslaw.org/assets/downloads/Taser+Police+Service+Northern+Ireland+Human+Rights+advice_(1).pdf" rel="nofollow noreferrer">PSNI advice on how ECHR Article 2 applies to taser use</a></p>
