Belfast Taser use was justified, but custody aftercare should be reviewed

The Police Ombudsman has found that police were justified in using a Taser during disturbances in west Belfast in January 2009.

However, Al Hutchinson has also recommended that the PSNI should update its custody procedures to provide care more specifically tailored to the needs of people who have been subjected to a Taser discharge.

The incident happened in the Manor Street area at 3.15am on Saturday 24 January 2009 when police responded to two emergency 999 calls about a serious assault.

A PSNI Armed Response Unit consisting of two officers arrived at the scene and intervened to lead a man they believed to be at risk away from an opposing violent group.

As they led him away a man came out of a nearby house with a three-foot-long piece of wood and ran towards one of the officers.

The officer drew his Taser, aimed it at the man and warned him to stop or he would fire. The man ignored the warning, at which point the officer discharged an accurate shot from the Taser. This allowed the officers to restrain and arrest the man, who was then placed in police custody.

He subsequently appeared in court and was convicted of possessing an offensive weapon in a public place, disorderly behaviour and assault on police.

All discharges of police firearms, including Tasers, are automatically referred by the Chief Constable to the Police Ombudsman for independent investigation.

Police Ombudsman investigators went to the scene, obtained all relevant PSNI records, statements from police and civilian witnesses, and conducted house-to-house enquiries.

They also checked for any CCTV footage of the incident, but none was available.

Having assessed the evidence, Mr Hutchinson concluded that the discharge had been "reasonable, justified and proportionate".

In addition, investigators examined the custody record of the man who had been arrested, which showed that his welfare had been checked upon in compliance with police regulations for people who have been subject to Taser discharges.

However, the Police Ombudsman noted that these regulations were based on the level of aftercare appropriate to people under the influence of drink or drugs. He has since recommended that the PSNI should amend these procedures to take account of the specific needs of people who have been subjected to an electric shock by a Taser.

He has also recommended that police Custody Officers are given training and guidance on the level of cell supervision appropriate following Taser discharges.

 

 

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