Legal Studies T2 Exam - Police use of force (TASER)

The law allows police to use reasonable force when:

• Making an arrest

• Protecting themselves or others

• Preventing a crime

use of force must be proportionate to the threat.

What is a taser?

A handheld electro-muscular disruption device, capable of incapacitating a person a person through the application of an electric current.

When should tasers be used

Tasers are to be used as a last resort, when there’s a risk of injury

According to NSW Police policy, what should police use when responding to a situation. What does this model involve?

A Tactical Options Model, which is a structured approach for deciding how to respond to a situation

• Communication – Talking, giving directions, and trying to calm the situation.

• Physical restraint – Using hands or body to control someone if communication doesn't work.

• Weapons – Only used if the situation becomes dangerous and lower-level options aren't effective.

The Legal Framework behind the use of force

• Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – outlines police powers and safeguards. [LEPRA]

• Crimes Act 1900 (NSW) – defines assault and excessive force.

• NSW Police Force policies – e.g., Standard Operating Procedures.

Accountability and Oversight regarding use of force

Complaints and reviews handled by:

• LECC (Law Enforcement Conduct Commission)

• NSW Ombudsman

• Coroner’s Court (in cases of death)

• Body-worn cameras are used to record incidents.

Statistic 1 - Number of taser deployments in NSW. (2008-2011)

Between 2008 and 2011, there were over 3,000 taser deployments in NSW.

Statistic 2 - When were tasers usually used?

In many instances, tasers were used for compliance rather than last resort, which contradicts original policy intent.

Statistic 3 - What % of taser incidents may not have been justified. Who published this report and when?

• A 2012 Ombudsman report found 50% of taser incidents may not have been justified based on official guidelines.

What are the Rights of the Individual regarding use of force

• Right to life and safety under the law.

• Protection from unlawful use of force.

• Individuals can seek redress (e.g., complaints, lawsuits).