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This is an HTML version of an attachment to the Freedom of Information request 'TASERS-Training Policy'.

Mr James Martin

Freedom of Information Section

Nottinghamshire Police

Telephone:- 0115 9672507

Facsimile:- 0115 9672896

E-mail: [email address]

[FOI #13384 email]

4th August 2009

Dear Mr Martin

Request under the Freedom of Information Act 2000 (FOIA)

Reference No: FOI09-2275

I write in connection with your request for information dated 16th June 2009, which was received by Nottinghamshire Police on 16th June 2009, and acknowledged by e-mail on 16th June 2009. I note you seek access to the following information:-

Could you please provide me with your current Force Policy or similar document or manual on the use of the TASER device as provided to some of your officers.

I am particularly interested in:

i) The Force Policy given or delivered to officers or used by officers carrying the TASER device. (Training manuals etc)

ii) The 'Use of Force' policy or 'Conflict Resolution' type policy or other similar documents given to officers or similar document to justify the use of a TASER. (Training manuals etc)

Following receipt of your request searches were conducted within Nottinghamshire Police to locate information relevant to your request.

Decision

Please see enclosed response

Complaints Rights

Your attention is drawn to the enclosed review procedure, which details your right of complaint.

Copyright

Nottinghamshire Police in complying with their statutory duty under Sections 1 and 11 of the Freedom of Information Act 2000 (FOIA) to release the enclosed information will not breach the Copyright, Designs and Patents Act 1988.

However, the rights of the copyright owner of the enclosed information will continue to be protected by law. Applications for the copyright owner's written permission to reproduce any part of the attached information should be addressed to the Force Solicitor, Nottinghamshire Police, Force Headquarters, Sherwood Lodge, Arnold, Nottinghamshire, NG5 8PP.

I would like to take this opportunity to thank you for your interest in Nottinghamshire Police.

Should you have any further enquiries concerning this matter, please write or contact the Freedom of Information Officer on telephone number 0115 9672507 or e-mail [email address] quoting the above reference number.

Yours sincerely

Freedom of Information Officer

Enc

RESPONSE

Under S 1 (1) (a) of the Freedom of Information Act 2000 (FOIA), I can confirm that Nottinghamshire Police does hold the information you have requested.

Could you please provide me with your current Force Policy or similar document or manual on the use of the TASER device as provided to some of your officers.

I am particularly interested in:

i) The Force Policy given or delivered to officers or used by officers carrying the TASER device. (Training manuals etc)

ii) The 'Use of Force' policy or 'Conflict Resolution' type policy or other similar documents given to officers or similar document to justify the use of a TASER. (Training manuals etc)

Please see the attached document.

Redactions have been made to parts of the document under Section 31 Law Enforcement and Section 38 Health and Safety.

The main part of the document is weighted in favour of disclosure, however there are small amounts that would have implications on future law enforcement and health and safety by releasing certain tactical information and the locations and storage of the equipment whilst in operation and not in operation.

This letter constitutes a refusal notice under Section 17 of the Freedom of Information Act 2000 with Section 31 and Section 38 of the Act being applied.

31. - (1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice -

  1. the prevention or detection of crime

  1. the apprehension or prosecution of offenders

  1. the administration of justice

  1. the assessment or collection of any tax or duty or of any imposition of a similar nature

  1. the operation of the immigration controls

  1. the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained

  1. the exercise by any public authority of its functions for any of the purposes specified in subsection (2)

  1. any civil proceedings which are brought by or on behalf of a public authority and arise out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty's prerogative or by virtue of powers conferred by or under an enactment, or

  1. any inquiry held under the Fatal Accidents and Sudden Deaths Inquiries (Scotland) Act 1976 to the extent that the inquiry rises out of an investigation conducted, for any of the purposes specified in subsection 2), by or on behalf of the authority by virtue of Her Majesty's prerogative or by virtue of powers conferred by or under an enactment.

(2) The purposes referred to in subsection (1) g) to I) are -

  1. the purpose of ascertaining whether any person has failed to comply with the law

  1. the purpose of ascertaining whether any person is responsible for any conduct which is improper

  1. the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise

  1. the purpose of ascertaining a person's fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on

  1. the purpose of ascertaining the cause of an accident

  1. the purpose of protecting charities against misconduct or mismanagement (whether by trustees or other persons) in their administration

  1. the purpose of protecting the property of charities from loss or misapplication

  1. the purpose of recovering the property of charities

  1. the purpose of securing the health, safety and welfare of persons at work, and

  1. the purpose of protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work.

(3) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1 (1) a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).

38. - (1) Information is exempt information if its disclosure under this Act would, or would be likely to -

  1. endanger the physical or mental health of any individual, or

  1. endanger the safety of any individual

(2) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1 (1) a) would, or would be likely to, have either of the effects mentioned in subsection (1).