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FOISA Response No. 774 - firearms incidents referred to PIRC

28 Oct 2022
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Where relevant, we publish our responses to Freedom of Information requests under the Freedom of Information (Scotland) Act 2002 (FOISA).

This response addressed the following query:

  1. “How many firearms incidents were referred to the Police Investigation and Review Commissioner during 2020?
  2. How many firearms incidents were referred to the Police Investigation and Review Commissioner during 2019?
  3. How many firearms incidents were referred to the Police Investigation and Review Commissioner during 2018?
  4. How many cases of firearms incidents referred to the Commissioner found fault with the police during 2020?
  5. How many cases of firearms incidents referred to the Commissioner found fault with the police during 2019?
  6. How many cases of firearms incidents referred to the Commissioner found fault with the police during 2018?
  7. How many cases of firearms incidents were referred to the Commissioner from Highland Constabulary or from within the geographical area known as the Highlands of Scotland during 2020?”

The PIRC has considered this as a request under the Freedom of Information (Scotland) Act 2002 (“FOISA”). An application for information held by public authorities under section 1 of FOISA requires that a public authority release all information held, subject to any applicable exemptions.

Our statistics are compiled on an operational year basis, 1 April to 31 March. I can therefore provide this information for these years as follows:

ALL Police Scotland Firearm Referrals

 

2017-2018

2018-2019

2019-2020

2020-2021

Firearms referrals

All referrals

 

 

 

 

Firearms (conventional)

46

66

77

92

CS/PAVA spray

271

260

244

259

Taser/other

3

34

23

59

TOTAL

320

350

344

410

N Division Only – Previously known as Highlands and Islands

 

2019-2020

2020-2021

Firearms referrals

All referrals

 

 

Firearms (conventional)

3

4

CS/PAVA spray

29

29

Taser/other

0

5

TOTAL

32

38

For queries 4 to 6, our role is to examine matters, decide whether the police actions were proportionate and necessary and produce findings and recommendations to address any issues identified. It is not to find fault but to ensure ‘learning and improvement’. In some instances, the Crown Office and Procurator Fiscal Service (COPFS) may direct us to investigate incidents and our reports and sent to them.

It may also assist to explain that in Scotland, where the police discharge a conventional firearm or point a conventional firearm at a person, such incidents must be referred to PIRC. Taser is classed as a firearm, where an officer discharges a Taser at a person, these incidents must be referred to PIRC. CS/PAVA spray is also classified as a firearm under the Firearms Act 1968, consequently if an officer discharges CS/PAVA, such incidents must also be referred to PIRC.

 

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