Tasers, or conducted energy devices, pack a punch and are used by the New South Wales Police Force to stop people in their tracks when things get dicey. These gadgets are seen as a safer option than guns, but rules around them are tight as they can still cause harm or, in rare cases, be deadly.

As a resident of NSW, it’s essential to understand the legal framework surrounding police taser use and your rights if you find yourself in a situation where a taser is deployed. This article will provide an overview of when NSW police officers are permitted to use tasers, the guidelines they must follow, and what you can do if you believe a taser has been used against you unlawfully.

Legal Framework for Taser Use by NSW Police

In NSW, the use of Tasers by police officers is governed by a specific legal framework that outlines when and how these weapons can be deployed. This framework aims to balance the need for effective law enforcement with the importance of protecting individual rights and minimising the risk of harm.

Classification of Tasers as Prohibited Weapons

Under the Weapons Prohibition Act 1998, Tasers are classified as prohibited weapons in NSW. This means that it is an offence for individuals to possess or use a Taser without a permit, with a maximum penalty of 14 years imprisonment. However, police officers are exempt from this requirement and are authorised to carry and use Tasers in the course of their duties, subject to certain conditions.

Authorised Use by Police Officers

Not all police officers in NSW are permitted to use Tasers. Only officers who have undergone specialised training and certification are allowed may use these weapons. This training covers the technical aspects of Taser operation, as well as the legal and ethical considerations surrounding their use.

The NSW Police Force has specific guidelines that outline when Tasers may be used. These guidelines state that Tasers should only be deployed in situations where it is necessary to:

• Protect human life
• Protect the officer or others from imminent violence
• Protect an officer in danger of being overpowered, or to protect the officer or others from the risk of actual bodily harm
• Protect against animals

In addition, officers are required to assess the situation and use force that is reasonable, necessary, proportionate, and appropriate to the circumstances. The use of a Taser should be no more than what is reasonably necessary for the safe and effective performance of the officer’s duties.

Factors that officers must consider when deciding whether to use a Taser include the age and physical condition of the subject, the presence of mental illness or drug and alcohol impairment, and the risk to the officer, the public, and the subject themselves.

There are also specific situations where Taser use is restricted or prohibited, such as against pregnant women, elderly or disabled individuals, children, or in crowd control situations, unless exceptional circumstances exist. The NSW Police Force continually reviews and updates these guidelines to ensure they reflect best practices and community expectations around the use of force.

When Can Police Use Tasers? 

NSW police officers are authorised to deploy Tasers in specific circumstances where it is deemed necessary and proportionate to the situation at hand. The decision to use a Taser is based on the officer’s assessment of the threat level and the need to protect human life or prevent imminent violence.

Protecting Human Life and Safety

One of the primary justifications for using a Taser is to protect human life and ensure the safety of the officer, the subject, and the bystanders. Situations where Taser use may be warranted include:

• When an officer is faced with a violent or aggressive individual who poses a risk of causing serious injury or death
• To prevent a person from harming themselves or others, such as in cases of self-harm or suicide attempts
• When a subject is armed with a weapon and poses an imminent threat to the officer or members of the public

In these scenarios, the use of a Taser can help to quickly incapacitate the subject and minimise the risk of harm to all parties involved.

Restrictions on Use of Tasers

While Tasers are an important tool for law enforcement, there are also clear restrictions and prohibitions on their use to ensure they are not misused or deployed inappropriately. Tasers should not be used in the following situations unless exceptional circumstances exist:

• Against individuals who are handcuffed or otherwise restrained
• On pregnant women, elderly individuals, young children, or people with low body mass
• In situations where the subject is in a position where a fall may cause serious injury or death, such as on an elevated platform or near water
• To force compliance from passively resistant individuals who are not posing a threat
• As a means of punishment, coercion, or interrogation

Modes of Taser Deployment

NSW Police officers are trained to use Tasers in different modes depending on the situation and the level of force required. The two primary modes of Taser deployment are probe mode and drive stun mode.

Probe Mode

In probe mode, the Taser fires two small probes or darts that are connected to the main unit by thin wires. When the probes make contact with the subject, they deliver a high-voltage, low-current electrical discharge that causes neuromuscular incapacitation. This temporary loss of muscle control is intended to subdue the subject and allow officers to safely restrain them.

Probe mode is typically used when a subject is at a distance and poses a threat to themselves, the officer, or others. The Taser’s laser sighting helps the officer aim accurately. The probes can penetrate clothing and have a range of up to 7 meters (21 feet).

Officers are trained to target large muscle groups, such as the back or thigh, to maximise effectiveness and minimise the risk of injury. They must also consider factors like the subject’s age, physical condition, and any known medical issues before deploying the Taser in probe mode.

Drive Stun Mode

In drive stun mode, the Taser is pressed directly against the subject’s body, and an electrical current is discharged. This mode does not cause neuromuscular incapacitation but instead causes localised pain to gain compliance or create distance between the officer and the subject.

Drive stun mode is generally less effective than probe mode and is used more as a pain compliance tool. It may be employed when the officer is in close proximity to the subject and needs to create space or when one of the probes fails to make contact in probe mode.

NSW Police guidelines state that drive stun mode should only be used in extreme circumstances where no other reasonable option exists to avoid imminent serious injury. It should not be used solely for pain compliance.

When using a Taser in either mode, officers must give a verbal warning when practicable and reassess the situation after each 5-second cycle. They must also be prepared to transition to other force options or tactics if the Taser proves ineffective. Any Taser deployment must be reported and reviewed to ensure compliance with policies and procedures.

Reporting and Accountability in Taser Use

NSW Police must document and review every Taser deployment to ensure proper use and accountability. Any discharge of a Taser during an incident must be recorded in the official Computerised Operational Policing System database, along with downloaded footage from the device.

Incident Reporting Requirements

When a police officer uses a Taser, they must follow strict reporting protocols. All Taser deployments undergo review to determine compliance with police policy and procedures. The device’s video and audio capabilities are used only as part of normal deployment, not for investigative purposes.

An ambulance must be called any time a Taser is used on a person. This medical response requirement applies regardless of the mode of deployment or apparent severity of the incident.

Consequences of Misuse

Any action involving a Taser that falls outside approved procedures is classified as a breach. Hazardous practices include accidental discharge, recklessly aiming at another officer, failing to properly secure the device, or covering the Taser camera lens.

Officers who accidentally discharge a Taser face automatic suspension from using the device. The Professional Standards Command reviews inappropriate deployments, with remedial training developed and implemented for officers who breach protocols.

The Law Enforcement Conduct Commission monitors investigations into Taser misuse. Police officers who use Tasers unlawfully may face criminal charges, with unauthorised use of a prohibited weapon carrying a maximum penalty of 14 years imprisonment.

Rights if Tasered Unlawfully

Individuals who believe they have been unlawfully tasered by NSW Police can take legal action. The Law Enforcement (Powers and Responsibilities) Act 2002 requires police officers to use only force that is reasonably necessary when exercising their duties.

Legal Recourse and Complaints

A person unlawfully tasered can file a formal complaint through multiple channels. The incident must be reported to the NSW Police Professional Standards Command, which reviews all Taser deployments to determine if the use was appropriate and followed police policy and procedures.

If a police officer’s Taser use is found to be inappropriate or outside policy, they can face disciplinary action and potential criminal charges. The maximum penalty for unauthorised use of a prohibited weapon like a Taser is 14 years imprisonment.

Role of Oversight Bodies

The Law Enforcement Conduct Commission (LECC) provides independent oversight of police Taser use. They investigate serious cases of potential misconduct, particularly incidents involving vulnerable persons like the elderly or disabled.

The LECC can review body-worn camera footage and other evidence from Taser incidents. Their investigations examine whether the use of force was proportionate and appropriate to the circumstances, and if other tactical options could have been used instead.

Conclusion

Police Taser use in NSW is governed by strict legal guidelines that balance law enforcement needs with public safety. These guidelines establish clear protocols for when and how Tasers can be deployed, along with comprehensive reporting and accountability measures.

Understanding these regulations helps protect both police officers and members of the public. The framework ensures Tasers are used appropriately as a tactical option while maintaining oversight through mandatory reporting, review processes, and consequences for misuse.

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