Investigation report - Police Discharge of Firearms 24 July 2024
Background
On Wednesday 24 July 2024, Authorised Firearms Officers (AFOs) of Police Scotland discharged Police issue firearms to humanely dispatch a seriously injured deer which had been struck by a vehicle.
Referral to the PIRC
On 24 July 2024, Police Scotland referred the incident to the Police Investigations and Review Commissioner (PIRC) in terms of Section 33A(c) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (as amended) and the Police Investigations and Review Commissioner (Investigations Procedure, Serious Incidents and Specified Weapons) Regulations 2013.
PIRC investigation
PIRC Investigators obtained and reviewed statements from police staff and police officers. They examined police body worn video footage, briefing papers, reports, documentation, telephone calls, police communications, police training and guidance material.
Circumstances
About 2219 hours on 23 July 2024, Police Scotland received a 999 call from a member of the public reporting that an injured deer was on the live lane of the eastbound carriageway of the M8 Motorway. The caller believed the deer had been struck by a vehicle. Four further reports were received shortly thereafter reporting the same incident.
Roads Policing officers were actioned to the incident and on arrival located the deer, confirming the serious nature and extent of its injuries. As a result, the carriageway was temporarily closed ensuring the safety of road users.
Police Scotland Area Control Room (ACR) staff attempted to contact numerous veterinarians and humane dispatchers to have them attend the incident to assist. However, no persons were available or were a considerable distance away from the incident which would have introduced a significant delay due to travel time and distance.
A Police Inspector in their capacity as Initial Tactical Firearms Commander (ITFC) on duty within the ACR was informed of the circumstances and in line with Police Scotland’s procedures, authorised two firearms officers to attend at the scene and safely dispatch the deer in an effort to end the animal’s suffering.
Note: Dispatch is a term used to describe the humane culling of a dangerous or injured animal to avoid unnecessary suffering and to prevent a dangerous animal from causing injury to others.
On arrival the firearms officers deployed and discharged their weapons dispatching the deer however this required multiple shots to be discharged over a twenty-minute period.
PIRC issued their report to Police Scotland on 1 April 2025.
PIRC findings
Following investigation, PIRC found that the deer was seriously injured and in a clear state of distress within the live lane of a busy carriageway. Having exhausted all alternative options, the decision to deploy conventional police firearms was in accordance with the training, policy and guidelines provided by Police Scotland. In the circumstances the use of firearms was the most appropriate option to end the suffering of the animal.
The ITFC opted not to contact Firearms Tactical Advisor (FTA), asserting that no advice was required as the incident did not require the deployment of a firearms ‘tactic’ and relied on his instruction to dispatch the deer safely. This is not in line with guidance provided by the College of Policing in respect of firearms deployments
The Operational Firearms Commander (OFC) did not attend the locus, instead opting to take a vantage point from a nearby overpass to implement a road closure with a view to providing a sterile working environment. It is assessed that he did not have “effective command” of the incident and as such his actions were not in line with guidance provided by the College of Policing in respect of firearms deployments.
Recommendations
The Commissioner made three recommendations to Police Scotland.
Police Scotland should issue guidance to all Initial Tactical Firearms Commanders reminding them of the requirement in response to firearms incidents to consult with a Firearms Tactical Advisor as soon as practicable, as outlined within the College of Policing Authorised Professional Practice for Armed Policing Command.
Police Scotland should issue guidance to all Operational Firearms Commanders to remind them that in response to ongoing forearms incidents they should be located where they are able to maintain effective command of their area of responsibility, provide guidance and support and be available to those under their command, as outlined within the College of Policing Authorised Professional Practice for Armed Policing Command.
Police Scotland should draft a protocol that establishes procedures for contacting a veterinary surgeon or other appropriate authority to attend such incidents and provide viable options for the safe management of injured or dangerous animals.