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E-mail: [Home Office request email] Website: www.homeoffice.gov.uk

[FOI #29413 email]

Ms Sarah Goldsmith

Reference: T3547/10

2 March 2010

Dear Ms Goldsmith,

Thank you for your e-mail of 20 February 2010 about the use of Taser.

Conducted Energy Devices, such as Taser, are classified as `prohibited weapons' by virtue of Section 5 Firearms Act 1968. Police officers acting in their capacity as such, are exempt from the requirements of the legislation and do not need any additional legal authority to possess the Taser.

The use of any form of force, including the use of force by police officers, is governed by section 3 of the Criminal Law Act 1967. This provides that a person may use such force as is reasonable under the circumstances in the prevention of a crime or in effecting or assisting in the arrest of suspected offenders. This applies as much to the use of Taser as any other use of force.

The use of force by police officers is clearly a sensitive issue and individual officers do risk criminal prosecution or disciplinary action if they use excessive force or act outside the powers they are given by law. Similarly, chief officers may face civil proceedings if their officers act unlawfully or inappropriately. The decision to use force is an individual one and will often be based on the person's belief or perception of the risk they are facing. There are, of course, established procedures in place to investigate any allegations of excessive force and guilt or otherwise will always be determined on the basis of the facts of each case.

We are aware that the use of Taser, like any other weapon, carries the risk of misuse, and the public will rightly be concerned about this. That is why we have robust procedures in place to record every use of Taser. The police use of Taser in England and Wales has shown that it provides an additional and less lethal option for police when dealing with violent or threatening situations.  The announcement to extend the use of Taser followed the receipt of independent medical advice from DOMILL (the Defence Scientific Advisory Council Sub Committee on the Medical Implications of Less Lethal Weapons).  We need to be wholly confident about the medical implications of any extension to Taser to protect both the public and officers. DOMILL has concluded that the risk of death or serious injury from the use of Tasers within ACPO Guidance and Policy is very low (http://police.homeoffice.gov.uk/operational-policing/firearms/taser/).

It is of course absolutely correct that the public have a right to complain if they feel the use of force is excessive. The IPCC has stated that any complaints about the use of Taser should be referred to them. This will ensure that the IPCC will be able to monitor any complaints of abuse and raise concerns as appropriate.

The private ownership of prohibited weapons for self-protection is illegal in Great Britain and there are currently no plans to change this.

Yours sincerely,

Mr A Lama

Home Office