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HM Inspectorate of Constabulary for Scotland: Thematic Inspection: Police use of firearms in Scotland

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Appendix A MANUALS AND GUIDANCE

1. The police use of firearms in Scotland is governed and informed in a number of ways, the principal source documents being:

  • The Association of Chief Police Officers' Manual of Guidance on Police Use of Firearms 8 ( ACPOMoG).
  • The National Police Firearms Training Curriculum ( NPFTC).
  • The Home Office 2003 Code of Practice on the Police Use of Firearms and Less Lethal Weapons (this document applies to Home Office forces in England and Wales only).
  • ACPOS Statement of Intent on Police Use of Firearms and Less Lethal Weapons in Scotland, 2004 (the voluntary compliance of ACPOS to the above Code of Practice).
  • The Centrex/National Centre for Policing Excellence, NCPE, (now the National Policing Improvement Agency, NPIA) Firearms Threat and Risk Assessment Guide, 2006.

2. The paragraphs below provide some background to, or extracts from, the above documents and are intended to provide readers with ready access to the foundations of the police use of firearms.

The Association of Chief Police Officers' Manual of Guidance on Police Use of Firearms ( ACPOMoG)

3. The ACPOMoG defines an Authorised Firearms Officer and sets the criteria for the issue and use of firearms by police:

Authorised Firearms Officer

4. An AFO is a police officer who has been selected and trained in the use of firearms in policing operations. The officer will have reached the required level of competency in weapon handling, tactical knowledge, shooting skills and judgment as required by the chief officer of the force concerned. Individual officers may have received training in more than one weapon and/or in a variety of tactics. There is also a range of specialised roles for which officers will receive specific firearms and tactical training. All AFOs are subject to refresher training and re-qualification, the frequency of which is dependent on role. 8

Criteria for Issue

5. Firearms are to be issued to AFOs (following authorisation by the appropriate authorising officer):

a. where the authorising officer has reason to suppose that they, in the course of their duty, may have to protect themselves or others from a person who:

1. is in possession of a firearm, or

2. has immediate access to a firearm, or

3. is otherwise so dangerous that the officer's use of a firearm may be necessary.

b. For the humane destruction of animals which are dangerous or are suffering unnecessarily .9

Circumstances when weapons may be fired

6. "Firearms may be fired by AFOs in the course of their duty only when absolutely necessary after traditional methods have been tried and failed or must, from the nature of the circumstances, be unlikely to succeed if tried."

7. In Scotland, forces will include the following:

"A Police Officer is not entitled to open fire against a person unless the officer has reasonable grounds for believing that that person is committing, or is about to commit, an action which is likely to endanger the life or cause serious injury to the officer or any other person and there is no other way to prevent the danger." 10

National Police Firearms Training Curriculum

8. Previously the ACPOMoG had a specific section on training. This has since been removed and developed into the National Police Firearms Training Curriculum ( NPFTC).

9. The ACPO working group on Police Use of Firearms ( ACPOPUF) are responsible for the ACPOMoG and have tasked the National Policing Improvement Agency ( NPIA) with reviewing, creating and maintaining the manual. They have also directed the NPIA to produce and continue to update the NPFTC. This includes examining forces and issuing provisional and full licences of curriculum compliance.

10. Extracts from this document have not been included as they generally relate to tactical information that may be of value to criminals.

The Home Office 2003 Code of Practice on the Police Use of Firearms and Less Lethal Weapons and ACPOS Statement of Intent on Police Use of Firearms and Less Lethal Weapons in Scotland, 2004

11. Compliance with the Home Office Code of Practice, the ACPOMoG and the NPFTC is a statutory requirement for forces in England and Wales. However, in Scotland the Statement of Intent outlines the decision of the Association of Chief Police Officers in Scotland ( ACPOS) to align itself with the Home Office forces and comply voluntarily with these standards. The statement also confirms the role of HM Inspectorate of Constabulary for Scotland ( HMICS) in 'continu[ing] to monitor police use of weapons requiring special authorisation'. 11

12. Outlined in the 'Basic Requirements of this Statement' is the responsibility of chief police officers in each force to have conducted a firearms, threat and risk assessment. This should in turn inform the following decisions:

  • "what types of weapons need to be available within their forces, either from each force's own resources or by agreement with one or more other forces;
  • the numbers of officers required to be trained in their forces in the use of such weapons and in providing tactical advice in the use of such weapons, and the numbers and ranks of officers to be trained to command incidents involving such weapons;
  • arrangements for the deployment within their forces of weapons and personnel trained to use them" .12

13. Such a structured approach to this area of policing reflects the consideration that must be given to operations that have potentially life-saving or fatal outcomes.

14. The Statement of Intent identifies the purpose of the force firearms Strategic Threat and Risk Assessments as follows:

The threat and risk assessment must:

  • identify and assess the known and foreseeable threats and risks to the police (personnel and organisation) and the public;
  • assess the risks in terms of proportionate resources, planning and resource allocation;
  • identify gaps in current policies, procedures and training;
  • include a list of recommendations and action plans, that address the identified threats, risks and gaps;
  • provide a clearly evidenced link between threats and current firearms establishment; and
  • provide a rationale for current levels of resources.

15. The Statement of Intent advises that each force's assessments should be updated regularly. The NPIA goes further, stipulating that the ST&RA be completed every year, but that analysis and information regarding incidents and operations be a matter for continual update.

The ST&RA may include 13:

  • the pattern of crime in the police area;
  • the geographical and logistical considerations affecting the availability of weapons requiring special authorisation, and the deployment of personnel trained to use such weapons or to command incidents involving their use;
  • the threat posed by armed persons such as criminals, terrorists and armed groups, which members of the force may have to confront;
  • the force's potential obligations under mutual aid agreements; and
  • the force's responsibilities in respect of national emergencies and nationally based plans.

Chief officers of police should then use these assessments as a basis for deciding 14:

  • what types of weapons need to be available within their forces, either from each force's own resources or by agreement with one or more other force;
  • the numbers of officers required to be trained in their forces in the use of such weapons, and in providing tactical advice in the use of such weapons; and the numbers and ranks of officers to be trained to command incidents involving such weapons; and
  • arrangements for the deployment within their forces of weapons and personnel trained to use them.

16. The creation by individual forces of a firearms Strategic Threat and Risk Assessment ( ST&RA) is a requirement of the 2004 ACPOS Statement of Intent. The construction of an ST&RA, and its purpose, was further clarified by the production of the Centrex/National Centre for Policing Excellence, NCPE, (now the National Policing Improvement Agency, NPIA) Firearms Threat and Risk Assessment Guide, 2006.

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Page updated: Friday, January 23, 2009