Investigations report - Taser Discharge 22 March 2023
Background
On Wednesday 22 March 2023, a Specially Trained Officer (STO) of Police Scotland discharged a Taser device at a child, then aged 11, whilst he was threatening police officers with a knife.
Referral to the PIRC
On 23 March 2023, Police Scotland referred the incident to the Police Investigations and Review Commissioner (PIRC) in terms of Section 33(A) (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
The PIRC undertook an investigation into the circumstances.
During the course of the investigation PIRC Investigators obtained and reviewed statements from civilian, medical and police witnesses. They examined mobile telephone footage, briefing Papers, reports, documentation, telephone calls and Police communications, Police Training and Guidance.
Circumstances
About 2315 hours on 22 March 2023, Police Scotland received a 999 call from the mother, of an 11-year-old young male reporting that he was trying to smash windows in their rented caravan.
Whilst en route to the incident, officers received an update from their control room that the 11-year-old was in possession of a knife and threatening to stab family members and members of the public.
The officers traced the young male, who was in possession of a large kitchen knife which he refused to surrender. He repeatedly threatened to stab the officers and pointed the knife towards them while walking backwards and away from them. He was in possession of a mobile telephone which he said he was using to live stream unfolding events on a social media platform. In video footage of the incident, members of the public can be seen in close proximity.
A Specially Trained Officer (STO) pointed his Taser at the young male, aiming red dots on his body whilst issuing verbal warnings of the effects of a discharge on him. The STO attempted to engage him in conversation along with other officers, repeatedly instructing him to drop the knife but he repeatedly refused to comply and backed away from the officers while swearing at them.
The STO continued aiming his Taser at the young male, who backed away onto a steep grass embankment out of the lit area into the darkness of a large area of grass. He changed the position of the blade so that it pointed down from his pinkie finger which was interpretated by the STO as a “warning sign” for an imminent attack.
Discounting other tactical options including the use of PAVA due to the windy conditions and the use of a baton due to the necessity of maintaining a safe distance, and taking account of the risk of harm or injury posed by the young male to the officers and members of the public, the STO discharged his Taser. This took effect on the young male who fell to the ground and was quickly taken under control.
PIRC findings
Following investigation, PIRC found that officers should seek to maximise efforts to de-escalate such situations but, despite his young age, his behaviour demonstrated that he was a viable threat to the public and the decision to deploy the Taser was in accordance with the training, policy and guidelines provided by Police Scotland. In the circumstances, the action taken by the police officer was proportionate to mitigate the threat, risk and potential harm to the young male and members of the public.
Recommendations
The Commissioner makes no recommendations.