NOT PROTECTIVELY MARKED FORCE PROCEDURES. Police Pursuits

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1 FORCE PROCEDURES Police Pursuits Procedure Reference Number: Procedure Author: Insp B Rogers, Roads Policing Procedure Review Date: April 2010 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date INSPECTOR BRIAN ROGERS, 04/04/2007 (Author(s)) Final Version Pursuits NOT PROTECTIVELY MARKED 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Responsibilities Guidance Stopping of Vehicles (Control Phase) Stopping from the Front Stopping from Behind Terminology Legal Implications Vehicles Which May Conduct Pursuits Pursuit Stages Pursuit Management Who Can Conduct Pursuits? Initial and Continued Authorisation to Pursue Conducting a Pursuit Cross Border Pursuits Rules of Engagement Responsibilities Discontinuing a Pursuit Pre-Planned Operations Tactics Evidential Requirement and Use of Video Equipped Vehicles/CCTV/Speed Cameras Use of Police Dogs Fatal Police Collisions Resulting From Pursuit Activity Audit Trail For The Identification Of Good Practice And Investigation Risk Assessments and Health and Safety Considerations Administration Procedure Aim Appeals Review...27 Final Version Pursuits NOT PROTECTIVELY MARKED 2

3 1. Responsibilities NOT PROTECTIVELY MARKED 1.1 The Chief Superintendent, Force Operations Directorate is responsible for the development and monitoring of policy and procedures. 1.2 The Superintendent, Force Operations Directorate is responsible for the overall management of the Cheshire Police Pursuit procedure. 1.3 The Inspector, Force Operations Directorate Roads Policing is responsible for coordination of the procedure with operational staff. 1.4 Area Command Teams are responsible for the management and compliance with this procedure in respect of their staff. 1.5 Force Incident Managers are responsible for ensuring compliance with the procedure in the event of pursuit 2. Guidance 2.1 Stopping of Vehicles (Control Phase) Click Here to Return to Index This section relates to the stopping of vehicles by police officers in vehicles in the course of their normal duties. It is not intended to address the issues of stopping vehicles once a pursuit has commenced Officers must consider, from the moment they decide to stop a vehicle, whether stopping the vehicle in a particular location is the best course of action in the circumstances. Judicious selection of time and location may significantly decrease the risk of a refusal to stop. Additionally, this may be the case whether that course of action is capable of justification at a later time or whether, due to the circumstances, it is more appropriate to obtain assistance before attempting to stop the vehicle. There may be times where it is more appropriate not to attempt to stop the vehicle at all but to report its movements for intelligence purposes for action at a later date If a decision is made to stop a vehicle, this activity calls for the exercise of skill and training by the police driver. It is essential that officers minimise risk by choosing a suitable place to stop vehicles, taking account of the type of road, weather, behaviour of other road users, visibility and the operational policing area, making use of lay-bys where available Attempting to stop a vehicle at a time when it is travelling at relatively slow speeds or when stationary in a line of traffic may be preferable, making it more difficult, both psychologically and physically, for that driver not to comply Officers may stop motorists from either in front or behind. The choice of method is left to the individual officer and depends upon the circumstances and the risk assessment made by the officer at the time. The preferred method is from behind. Final Version Pursuits NOT PROTECTIVELY MARKED 3

4 2.1.6 The best way of preventing a pursuit developing is the effective stopping of a vehicle in the first instance Where there is any suspicion that the occupants of a vehicle may be armed, the assistance of an Armed Response Vehicle should be obtained immediately. No attempt should be made by unarmed officers to stop the vehicle Where the police vehicle wishing to stop another vehicle is unmarked and not equipped with covert warning equipment, the driver should, unless exceptional circumstances exist (in which case the driver may be called upon to justify their actions), obtain the assistance of a marked car to take the lead role before making any attempt to stop the vehicle. 2.2 Stopping from the Front When stopping from the front, care must be taken when overtaking the vehicle to be stopped. When in front of the vehicle, use should be made of the blue lights and left hand indicator. The police passenger, if present, should signal the driver of the vehicle to stop. Officers may make use of the slowing down signal. The driver should concentrate on controlling the vehicle whilst the passenger, where present, should observe the occupants of the vehicle to be stopped When stopping from the front, drivers are reminded to allow sufficient space for the subject vehicle to stop safely, allowing an adequate stopping distance, taking account of road surface conditions and other road users. It must be remembered that commercial vehicles and motorcycles may require additional stopping distance Stopping vehicles from the front may have the psychological advantage of a driver not being presented with a potentially open road, as when stopped from behind, increasing the likelihood that the driver will stop for police. 2.3 Stopping from Behind When stopping a vehicle from behind, the blue light should be switched on and the headlamps flashed to draw attention to the police vehicle. The driver of the police vehicle or the passenger should give a clear indication that they require the driver to pull in and stop. Use of the police vehicle audible warning equipment should be considered in order to draw the attention of the driver to the presence of the police vehicle, although this should not be done as matter of course. When coming to a stop behind vehicles consideration should be given to stopping close to the rear of the vehicle to prevent that vehicle reversing or ramming the police vehicle, thereby damaging it or causing the air bags to be deployed and disabling it When stopping vehicles on motorways, the advice contained in the current National Motorway Manual must be followed. Standard response drivers must not attempt to stop a vehicle on the motorway network In some circumstances, an appropriate tactic may be the use of a police vehicle in front and behind the subject vehicle. No Boxing is intended here but the psychological effect on the driver of the subject vehicle may be effective in ensuring it stops and that a pursuit does not develop, this is during the Control Phase. Final Version Pursuits NOT PROTECTIVELY MARKED 4

5 2.4 Terminology Only the following terms and definitions should be used: Pursuit When a driver who, when required to stop in the approved manner and having had the opportunity to do so, indicates by their actions or continuance of their manner of driving that they have no intention of stopping for police and the police driver believes that the driver of the subject vehicle is aware of the requirement to stop and decides to continue behind the subject vehicle with a view to either report its progress or stop it, the police driver will be deemed to be in a pursuit. Subject Vehicle A subject vehicle is one that has failed to stop as above or is the subject of a preplanned operation as described at Boxing (During Pursuit Phase TPAC Trained Officers Only) Boxing is the tactical blocking in of a subject vehicle by surrounding it with a sufficient number of police vehicles to cause it to come to a gradual, controlled halt. Feeder Vehicle (TPAC Trained Officers only) A police vehicle not directly involved in the pursuit which has been strategically placed in order to maintain or direct a subject vehicle in a preferred direction, either to deploy a particular tactic or prevent access to an area whereby the level of risk would be increased. The positioning of any feeder vehicle must always be carefully considered in the light of a risk assessment by the vehicle driver and an assessment of the health and safety of the police officers and other road users, including the occupant(s) of the subject vehicle. Hostyds (Hollow Spike Tyre Deflation Systems) (Trained officers only) These consist of a number of hollow metal spikes held in a flexible frame or encased in a plastic cover that can be rapidly placed across the road in the path of a subject vehicle. As the vehicle passes over the system, spikes penetrate the tyres and remain in them causing a controlled deflation. Due to the gradual decrease in air pressure from the tyres, speed will be reduced and steering will become increasingly more difficult. Tactical Contact (TPAC trained officers only) Tactical contact occurs when a police vehicle makes deliberate contact with a subject vehicle. It can have serious consequences. This tactic must only be carried out by suitably trained drivers in suitable police vehicles. It can only be justified when there is the real possibility of immediate danger to life if the subject vehicle is allowed to continue and it is clear that other tactics are not available or are considered to be ineffective in the circumstances and that Final Version Pursuits NOT PROTECTIVELY MARKED 5

6 discontinuing the pursuit is not appropriate. The principle of proportionality under Human Rights legislation must be carefully considered before using tactical contact. All officers using this tactic MAY be required to justify their decision. Static Stop (TPAC trained officers only) A static stop is achieved by the tactical placement of police vehicles to block the path of a subject vehicle, which has defied all other police efforts to stop it. It may also be used when the actions of the driver of the subject vehicle, or intelligence, suggest the suspect may defy all other police attempts to stop them. This should be regarded as a last resort option to save life and where the previous actions of the pursued driver indicate that they have or will continue to endanger life in order to evade arrest and that discontinuing the pursuit is not appropriate. This tactic can only be carried out on the authorisation of the Force Incident Manager who must be of Inspector rank or above using the advice of a tactical advisor. The principle of proportionality under Human Rights legislation must be carefully considered before authorising the use of this tactic. All officers authorising this tactic MAY be required to justify their decision. Solid Road Block (TPAC trained officers only) A solid roadblock is the total closure of a carriageway or road by placing immovable objects or vehicles, excluding police vehicles, in a subject vehicle s path with the intention of blocking its path or causing it to change its direction from its current course. IT IS PROHIBITED, SAVE IN EXCEPTIONAL CIRCUMSTANCES. SOLID ROADBLOCKS MUST BE AUTHORISED BY AN OFFICER OF ACPO RANK. The principle of proportionality under human rights legislation must be carefully considered before authorising the use of this tactic. All officers authorising this tactic MAY be required to justify their decision. Ground Commander The ground commander is an authorised officer within one of the pursuing vehicles who is responsible for the tactics used in the management of a pursuit. This role is not rank based but will be undertaken by the person most appropriately placed to make any tactical decisions necessary. The ground commander should clearly identify themselves as such to all other officers engaged in the pursuit and to the control room. 2.5 Legal Implications Where a police officer has reason to believe that an offence has been committed and the suspect is being pursued in a vehicle it can be argued that officers have a duty to pursue that vehicle and affect an arrest, where this is appropriate. Final Version Pursuits NOT PROTECTIVELY MARKED 6

7 Conversely, a police officer owes a duty of care to members of the public and a failure to maintain the standard of a reasonably competent driver could also give rise to action for negligence and liability for damages. Emergency services exemptions do not release police drivers from this requirement It is against these sometimes controversial and conflicting requirements, together with known, unknown or suspected offences and the requirements of a dynamic risk assessment, that police officers have to make the balanced judgement to commence, continue or discontinue a pursuit The main legislative provisions authorising police officers to require and cause drivers to stop are contained in the following: (i) Section 163 Road Traffic Act 1988 A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform. From the 1 st September 2002, the Police Reform Act 2002 made the following addition to Section 163 Road Traffic Act 1988 by adding the following under sub section (3): A constable in uniform may arrest a person without warrant if he has reasonable cause to suspect that the person has committed an offence under this section. (ii) Section 1(2) Police and Criminal Evidence Act 1984 A constable may search any person or vehicle or anything that is in or on a vehicle for stolen or prohibited articles and may detain a person or vehicle for the purposes of such a search. (iii) Section 4 Police and Criminal Evidence Act 1984 Refers to the conduct of authorised road checks by police officers for the purpose of ascertaining whether a vehicle is carrying: - (a) A person who has committed an offence other than a road traffic or vehicle excise offence. (b) A person who is a witness to such an offence; (c) A person intending to commit such an offence; (d) A person who is unlawfully at large. (iv) Section 117 Police and Criminal Evidence Act 1984 Where any provision of this Act: (a) Confers a power on a constable; and (b) Does not provide that the power may only be exercised with the consent of some person other than a police officer, the officer may use reasonable force, if necessary, in the exercising of the power. Final Version Pursuits NOT PROTECTIVELY MARKED 7

8 (v) Section 35 Road Traffic Act 1988 Where a constable is, for the time being, engaged in the regulation of traffic in a road a person driving or propelling a vehicle who neglects or refuses to: (a) Stop the vehicle; or (b) Make it proceed in, or keep to, a particular path of traffic when directed to do so by the constable in the execution of his duty is guilty of an offence. (vi) Section 3 Criminal Law Act 1967 A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large. (vii) Human Rights Act 1998 (a) (b) It is possible that police pursuits could result in the loss of life and/or injury to persons. In such circumstances the subjects Article 2 (Right to Life) freedoms and/or their right to physical integrity (an aspect of Article 8) will be engaged. Whilst the service has a duty not to take life or cause physical harm unnecessarily, public authorities like the police also have a positive obligation to uphold and protect the convention freedoms where this is practicable to do so. In the context of pursuits, this positive obligation parallels health and safety and Duty of care responsibilities. This procedure deals with police pursuits and, as such may engage the following articles of the Human Rights Act 1998: Article 2: Right to Life Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force that is no more than absolutely necessary: (i) (ii) In defence of any person from unlawful violence; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained (iii) In action lawfully taken for the purpose of quelling a riot or insurrection. Article 8: Right to Private Life Everyone has to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of: National security Public safety or the economic well-being of the country Prevention of disorder or crime Protection of health or Protection of the rights or freedom of others Final Version Pursuits NOT PROTECTIVELY MARKED 8

9 Article 14: Prohibition of Discrimination in Convention Rights. The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. c) In the application of this procedure, Cheshire Constabulary will not discriminate against any persons regardless of sex, race, colour, language, religion, political or other opinion, national or social origin, association with national minority, property, birth or other status as defined under Article 14 European Convention Human Rights. d) The term s proportionality and least intrusion have been introduced into UK legislation. It is therefore necessary, when considering an action, to decide not only whether an act by a police officer is reasonable but also whether it is commensurate with the acts of the suspect and likely outcomes. e) Intrusion has the same meaning under the Human Rights Act 1998 as in everyday language. The principle of least intrusion requires that before embarking on a course of action, the affects upon third parties must also be considered. A pursuit has the potential to cause danger to people who are not themselves involved in the pursuit. For example, a pursuit through an area with public houses is more likely to contravene the principle of least intrusion at closing time than at other times of the day. A further example of this would be during mid-afternoon and morning during school term time. (vii) Health & Safety a) There is a requirement under Health & Safety legislation that managers perform risk assessments of all activities which pose a significant risk to police officers and employees and are likely to engage in when on duty. 2.6 Vehicles Which May Conduct Pursuits In the Initial and Tactical phase, only appropriately trained and authorised drivers in suitable vehicles should conduct pursuits. Suitable vehicles are those that are fully liveried and equipped with 360 visual and audible warning equipment and have been deemed suitable for emergency response. This relates to vehicles where an advanced driving authority is required for operational purposes. Where a pursuit is initiated by a standard response vehicle or unmarked car, fitted with audible and visual warning equipment it should be relieved by a suitably marked car with a currently authorised advanced driver at the earliest opportunity However, pursuits should not be conducted in marked personnel carriers or vans, or unmarked vehicles without audible and 360 visual warning equipment. Additionally, hire cars and personal vehicles must not be used in pursuits The use of 4x4 off road type vehicles may be acceptable in circumstances where the tactics dictate the use of such a vehicle. Final Version Pursuits NOT PROTECTIVELY MARKED 9

10 2.6.4 Police response motorcycles fitted with audible and 360 visual warning equipment and ridden by advanced motorcyclists, who are also advanced car drivers may engage in pursuits in a reporting role only, passing information to the Resource Deployment Centre to enable the Resource Deployment Centre staff to deploy more suitable vehicles. Officers on motorcycles should not get involved in any attempt to stop the vehicle in a pursuit. Where, initially, a motorcycle is directly involved in a pursuit, then the assistance of a currently authorised advanced driver in a suitable vehicle should be obtained immediately. 2.7 Pursuit Stages In simple terms, all police pursuits represent an attempt to stop a vehicle that has failed to stop when required The term safe follow should no longer be used in the context of police pursuits The majority of police pursuits start with an officer forming the intention to stop a vehicle and/or its occupants, either as a result of observed behaviour, or intelligence or information received. This will generally be followed by intelligence gathering, continuous dynamic risk assessment and an attempt to stop the vehicle In the majority of cases the vehicle is stopped and the occupant(s) spoken to and dealt with On a minority of occasions the driver will fail to stop. Continuing to maintain contact with a vehicle in these circumstances is described as a Pursuit A Pursuit will be divided into two phases, the Initial phase and a Tactical phase The Initial phase will begin as soon as a driver fails to stop for police. At this stage the police driver is required to immediately communicate this to the Resource Deployment Centre and seek permission to continue to pursue. The Force Incident Manager must then be notified. The police driver will be asked for the pursuit criteria information outlined at paragraph The Force Incident Manager will carry out a risk assessment based upon the information provided. This risk assessment will be continually reviewed throughout the whole pursuit in the light of changing circumstances. Authority will either be granted or declined at this stage for the continuance of the pursuit In the interests of safety, where HOSTYDS have been authorised in the Initial phase they may be deployed during this phase of the operation Only currently qualified and authorised advanced response drivers and standard response drivers in suitable vehicles will be permitted to be involved in the Initial phase The Tactical phase will only be undertaken by currently qualified and authorised advanced response drivers, in suitable vehicles Once authority has been given, the pursuit will move into the Tactical phase, where the options for bringing the pursuit to a conclusion will be decided. The Final Version Pursuits NOT PROTECTIVELY MARKED 10

11 assistance of a pursuit tactical adviser must be sought. (Motorway Sergeants, Road Policing Unit sergeants and HQ Road Policing Inspectors). 2.8 Pursuit Management Police pursuits should be conducted in accordance with this procedure. Initial Action There will be many occasions during the course of normal police duties when an officer driving a police vehicle will observe another motor vehicle with a view to assessing the actions of the driver or its occupants and stopping the vehicle when the opportunity presents itself. Provided that the behaviour of the driver is not evasive, (i.e. stops when signalled to do so), this class of police activity will not fall within the definition of a pursuit within this procedure. This would also include the situation in which a suitably trained driver is in the process of gathering evidence prior to making a decision to take action, for example during speed enforcement Where a police driver anticipates that a vehicle may refuse to stop when required to do so, they must obtain the assistance of an advanced driver in a suitable vehicle at the earliest opportunity Before embarking on a pursuit, the officer, who should be currently qualified and authorised, should use their own judgement, experience and skills, and the procedures outlined, and apply them collectively to the prevailing conditions to decide whether the pursuit is justified, proportionate and conforms to the principle of least intrusion. Such a course of action should not be undertaken lightly, or without consideration of the full implications of such action. If the officer feels certain that the pursuit is justified, proportionate, conforms to the principle of least intrusion and is acceptable according to the established criteria, including that the pursuit can be performed in relative safety, it should be continued. Drivers of police vehicles can never be indifferent to the safety of the public or themselves. All staff involved in the pursuit must be trained and authorised Traffic, road and weather conditions, information and intelligence on the subject vehicle and driver may change rapidly over the course of a pursuit. It is imperative that all personnel involved in the management of the pursuit and delivery of tactics must continually undertake a dynamic risk assessment as it progresses. Officers must be prepared to justify the decision to start and continue a pursuit in the light of the circumstances. It must be remembered that this justification may well be tested in the spotlight of legal proceedings. Attitude Red mist, is the colloquial term used to describe the state of mind of drivers, who are so determined to achieve some objective that they are no longer capable of assessing driving risks accurately Drivers experiencing Red mist, tend to ignore normal risk factors. The consequence is a significant increase in the risk of a collision. It is important to recognise that this happens as much in short pursuits at relatively slow speeds as pursuits at higher speeds. It is a problem that police drivers need to take steps to Final Version Pursuits NOT PROTECTIVELY MARKED 11

12 avoid. Red mist is indicative of unprofessional behaviour and will not be regarded as an adequate justification in the event of an adverse outcome Police drivers must make a conscious effort not to get involved in a personality conflict with the subject they are pursuing. They should remain dispassionate about the task and concentrate on the behaviour rather than the personality Police drivers should develop positive attitudes that will assist reducing the risk of a collision by: Recognising that all pursuits are inherently dangerous Making safety their primary concern in all driving decisions Showing tolerance and consideration for other road users Having a realistic appraisal of their own abilities Having a high degree of care for their own safety and that of their passengers and other road users Recognising that they are vulnerable. 2.9 Who Can Conduct Pursuits? When making a decision whether to pursue or not, all police crews must consider and be able to justify the pursuit criteria as at All drivers must consider the pursuit criteria when a pursuit starts. As a result of the short duration of many pursuits, it may take too long for this to be considered by the Resource Deployment Centre If immediate radio communication cannot be made or is lost between the vehicle and the Resource Deployment Centre then the pursuit will be discontinued. This will ensure that the pursuit can be properly monitored and controlled and ensure officers are not placed at unnecessary danger. Standard Response Drivers Response drivers must immediately inform the Resource Deployment Centre of the circumstances when it becomes evident that a vehicle is refusing to stop having been required to do so, seeking authority to continue, and immediately request the assistance of an advanced response driver. Where justifiable, appropriate and proportionate, a standard response driver may pursue the vehicle, within the initial phase only, pending the arrival of a suitably qualified and authorised advanced driver and suitable vehicle combination. On the arrival of the advanced response vehicle the standard response driver will be re-deployed by the Resource Deployment Centre. They may not continue without the explicit authority of the Force Incident Manager. (It is accepted that the use of emergency equipment will be necessary to indicate to the driver of the target vehicle the requirement to stop. If the actions of the target vehicle dictate the continued use of emergency equipment the standard response driver MUST discontinue the pursuit) Standard response drivers will ONLY be engaged in a reporting role, passing information to the Resource Deployment Centre to enable the police controller to deploy an advanced driver in a suitable vehicle. Standard response drivers MUST NOT get involved in any attempt to stop the vehicle in a pursuit. This does not preclude suitably qualified and authorised officers from deploying HOSTYDS and/or Final Version Pursuits NOT PROTECTIVELY MARKED 12

13 acting as a feeder vehicle. NOT PROTECTIVELY MARKED Officers must take account of their limited training when making these decisions and may be required to justify them. Advanced Response Drivers Advanced response drivers who are pursuit trained and currently authorised must immediately inform the Resource Deployment Centre of the circumstances when it becomes evident that a vehicle is refusing to stop having been required to do so and seek authority to continue. If this authority is granted, they will declare themselves Ground Commander. The ground commander may be the radio operator/observer providing they are suitably authorised Initial and Continued Authorisation to Pursue When faced with a vehicle that is failing to stop, the driver of the police vehicle must consider the pursuit criteria outlined below before deciding to pursue that vehicle in the first instance All officers should relay information such as the identity of their unit, authorisation of the driver, description of vehicle and occupants, direction of travel and any other relevant information to the control room. Additionally, they will be expected to be part of the option forming process to resolve a pursuit in the safest and most appropriate manner according to the circumstances Before authorising a pursuit there are a number of specific factors, which the Force Incident Manager must consider before granting the initial and continuing authorisation. The pursuit criterion are listed below: 1. The current level of risk taking by the pursued driver 2. The reason for the initial attempt to stop the vehicle 3. The seriousness of the offence committed or suspected 4. Whether the suspects are armed 5. The level of training and authorisation of the police driver involved 6. Whether the suspect is known 7. Whether the suspect is a juvenile or are there other vulnerable person(s) in the vehicle 8. Whether immediate action is necessary or can the matter be dealt with subsequently 9. The suitability of the police vehicle 10. The type of vehicle pursued e.g. car, moped etc 11. The current/anticipated route 12. The availability of tactical options 13. The road, weather and traffic conditions Consideration should also be given to the time of day a pursuit occurs, paying particular attention to times of schools and licensing hours, where risk may be increased dependent upon the route or anticipated route Although one or more of the above criteria may apply this should not automatically preclude the authorisation of a pursuit from continuing. Each case MUST be considered on the collective criteria as a whole. Final Version Pursuits NOT PROTECTIVELY MARKED 13

14 2.11 Conducting a Pursuit Whilst pursuing a vehicle in these circumstances, ALL drivers must remember to keep an adequate distance from the pursued vehicle to give themselves enough time to react to any circumstances that may develop. Additionally, they must avoid any activity that would place the driver refusing to stop under any additional pressure. Research has shown that following a vehicle too closely can significantly increase the pressure upon the driver being pursued and increase the likelihood of a collision It is imperative that any changes in the level of risk by either the pursued driver or the police driver are immediately reported to the Resource Deployment Centre. Therefore, if there is an increased level of risk since the original risk assessment this must be immediately reported to the control room for continued authorisation For pursuits to be successfully and professionally resolved requires a disciplined team approach by police drivers, Resource Deployment Centre operators and supervisors. Drivers must display restraint at all stages of pursuits, reacting positively to directions from the Force Incident Manager. Force Incident Managers should mobilise, deploy and co-ordinate resources in support of those directly engaged, whilst continually appraising the information being provided below The Resource Deployment Centre must obtain from the crew of the pursuing police vehicle the information in paragraph and this must be recorded On receipt of that information, the Force Incident Manager should make an immediate decision whether to authorise the continuation of the pursuit or discontinue it at that stage. This decision must be relayed to the police driver and recorded This risk assessment MUST continue as part of a dynamic risk assessment during the pursuit and decisions made on an ongoing basis by both police drivers and Resource Deployment Centre operators and supervisors as to whether the pursuit should continue in the light of emerging circumstances, intelligence and information. This must also take into account the tactical options available, together with the realistic likelihood of them being effectively deployed Cross Border Pursuits All pursuits must be controlled through a Resource Deployment Centre or equivalent All vehicles that are likely to be involved in pursuits should be equipped with a radio system capable of communicating with that control room and the ability to operate the system hands free Only plain language or terms defined in this procedure should be used in radio transmissions and commentaries Where double-crewed vehicles are available they should be used. Where vehicles involved in pursuits are double-crewed, this allows the police driver to concentrate Final Version Pursuits NOT PROTECTIVELY MARKED 14

15 on their driving and tactic development and for radio operators to deliver the information required to other participants and control rooms by verbal commentary Where more than one vehicle is engaged in a pursuit and the second vehicle is double crewed, it may be advantageous for that vehicle to provide the commentary, thus allowing the crew of the first vehicle to concentrate on the actual pursuit Decisions and actions should be included in the commentary and be recorded on Resource Deployment Centre taping facilities It is recommended to use the vehicle roof marking, as suggested by ACPO Air Operations Working Group, as the vehicle s call sign in such circumstances The authority to continue or discontinue the pursuit will transfer to the Force Incident Manager of the new force as soon as that force s area boundary is crossed Where a pursuit is close to a force boundary the adjoining force should be informed at an early stage of the pursuit criteria and any authorities given. This will allow the adjoining force to be better prepared to make decisions regarding whether to allow or discontinue the pursuit should it cross the boundary Any authority for the use of tactics made by one force will not automatically be transferred where a pursuit travels into another force area. It will be for the receiving force to make decisions regarding whether or not to agree the continuance of that authority Rules of Engagement No more than two units should be directly involved in any pursuit, other than at the Force Incident Manager s direction. Where appropriate, the Force Incident Manager may deploy a second mobile unit to support the pursuing vehicle. The second unit should maintain a safe distance behind the primary pursuit vehicle but be close enough to render assistance if and when required. Under no circumstances should a Force Incident Manager allow the situation to develop whereby a convoy effect is achieved, with numbers of vehicles pursuing the same subject vehicle EXCEPT where a tactical resolution is planned which requires, for example, Boxing, in which case the ground commander should dictate what resources are required. Force Incident Manager's should be tactically involved, raising further resources as necessary and using local knowledge to deploy them strategically Where more than one vehicle is engaged in a pursuit, each vehicle should use a different sound where variable audible warning equipment is fitted, to warn motorists of the presence of more than one police vehicle. Additionally, officers must be aware that private motorists may not expect more than one police vehicle and may actually be distracted by the first Unless specifically deployed by the Resource Deployment Centre no other vehicle will take part in the pursuit but may take up a position in the area to be able to offer support if required. For example, recovery of property and/or occupants if the vehicle is abandoned. Final Version Pursuits NOT PROTECTIVELY MARKED 15

16 Dog Units must not be directly involved in the pursuit unless they meet the criteria laid down for involvement as either standard response or advanced drivers and they are driving a suitable vehicle (see paragraph 2.6.1). However, where they are not used directly in a pursuing role, they may be directed by the Resource Deployment Centre to a location or vicinity where the pursuit may be terminated, to assist in apprehending suspects who may decamp on foot. Pursuit of Motor Cycles In general, the tactics for stopping vehicles identified in this procedure are not intended for use against motorcycles because of the vulnerability of the riders, the manoeuvrability of the vehicle and the excessive speeds that such vehicles can reach Not withstanding this, it is recognised that public safety may, in exceptional circumstances, dictate that the tactics identified in this procedure could be the best option for use against motorcycles which have been involved in very serious incidents and whose riders continue to threaten public safety and defy other efforts to stop them. Armed Pursuits Where it is known or suspected that the occupants of a subject vehicle are armed, unarmed officers should not be used to terminate that pursuit and the incident must be declared an Armed Pursuit by the Force Incident Manager. In every such case, expert advice from a firearms tactical adviser MUST be sought Normally Armed Response Vehicles should not be used directly in an unarmed pursuit situation. Neither should they be required to become involved in a tactical option which may lead to the Armed Response Vehicle being damaged or disabled, thus rendering it incapable of undertaking its role in a firearms situation, unless on the advice of the tactical advisor. However, where it is believed that the suspect may be armed and an Armed Response Vehicle is involved, then only suitably qualified and authorised drivers in suitable vehicles should undertake them. Good practice is that Armed Response Vehicles should only be used in unarmed pursuits when no other suitable alternative exists Firearms tactics should be used in line with current ACPO Firearms Manual and force policy and procedure Responsibilities Standard Response Driver (INITIAL PHASE ONLY) Standard Response Driver during the initial phase is responsible for: Immediately informing the Resource Deployment Centre as soon as a vehicle fails to stop, requesting an advanced driver to assist, together with seeking authority to continue in the initial phase or, where no tactics are available, to ensure a safe conclusion by discontinuing the pursuit immediately Continually monitoring the risk, providing information to the Resource Deployment Centre regarding the factors outlined within paragraph Final Version Pursuits NOT PROTECTIVELY MARKED 16

17 Discontinuing the initial phase as soon as it becomes necessary due to the target vehicles actions to use emergency equipment. Informing the Resource Deployment Centre and other units of the details of the vehicle and occupants, location of the vehicle, speeds and manner of driving, road, weather and traffic conditions, together with any offences committed or suspected to have been committed Passing control to an advanced driver as soon as possible Driving in accordance with their current training capabilities and not engaging in driving which would disproportionately increase the risk. Advanced Response Driver (INITIAL AND TACTICAL PHASE) The Advanced driver in a suitable vehicle during a pursuit is responsible for: Continually monitoring the risk and providing information to Resource Deployment Centre regarding the factors outlined in paragraph , through their radio operator, if applicable Informing the Resource Deployment Centre and other units of the details of the vehicle and occupants, location of the pursued vehicle, speeds and manner of driving, road, weather and traffic conditions, together with any offences committed or suspected to have been committed Declaring themselves Ground Commander if they are in a vehicle behind the subject vehicle Requesting additional resources as necessary Driving in accordance with their current training capabilities and not engaging in driving which will disproportionately increase the risk. Radio Operator (Vehicle) (where available) The vehicle radio operator, where available, is responsible for: Passing information to the Resource Deployment Centre regarding factors outlined in paragraph Informing the Resource Deployment Centre and other units of the details of the vehicle and occupants, location of the pursued vehicle, speeds, manner of driving and road conditions, together with any offences committed or suspected to have been committed Resource Deployment Centre Operator All staff involved in the control of a pursuit must be trained and authorised A Resource Deployment Centre operator has the following responsibilities: Inform the Force Incident Manager of the start of the pursuit Where a response driver has initiated a pursuit, to immediately assign a suitable vehicle/driver combination to take over the management of the pursuit Receive and record all incoming information from the pursuing vehicle including the reasons that a particular action is taken and other options considered (see paragraph ) Give necessary support to the crews of pursuing vehicles. To only consider suggesting discontinuing a pursuit to the Force Incident Manager when there is danger to other road users or where no suitable drivers and vehicles can Final Version Pursuits NOT PROTECTIVELY MARKED 17

18 become involved or where there are no tactical options available for ensuring a safe conclusion (see paragraph ) Advise and control other units (including air support) of the pursuit Tactically advise, mobilise and deploy resources, using local knowledge, in conjunction with the progress of the pursuit and in harmony with the crew of the pursuing vehicle Co-ordinate radio communications during a pursuit Completion of incident template and final classification code Force Incident Manager Force Incident Managers involved in the control of a pursuit must be trained and authorised. The Force Incident Manager has the following responsibilities: Overall control of the pursuit Giving initial and continued authority for pursuit Giving authority for use of HOSTYDS Where a response driver has initiated a pursuit, ensuring that a suitable driver and vehicle combination has been assigned and can respond within a reasonable time frame given the prevailing circumstances To vigorously monitor the risk and control the pursuit, giving ongoing authority as a result of continually monitoring the risk in the light of changing circumstances and intelligence, together with advice from any tactical advisor that may be available Being aware of the need for any action to conform to the principles of least intrusion and proportionality Identify and authorise the Ground Commander Consider the discontinuation of a pursuit when circumstances warrant it (see paragraph ) Order additional units to assist if necessary Suggest the range of tactical options available to the pursuing driver/ground commander in the circumstances surrounding the pursuit Ensure other forces are notified when a pursuit is approaching their boundaries and identify any tactical authorities previously given Ensure specific instructions are given that only those notified vehicles would continue the pursuit Pursuit Tactical Advisor Pursuit tactical advisors must be trained and authorised. The pursuit tactical advisor has the following responsibilities: Spontaneous Provide advice to the Ground Commander and/or Force Incident Manager on suitable tactics to be employed on pursuits and pre-planned operations. Work with firearms tactical advisors to give advice regarding armed pursuits Provide support to crews of pursuing police vehicles Provide advice and support to Force Incident Managers, where necessary Suggest the range of tactical options available Monitor pursuit criteria. Final Version Pursuits NOT PROTECTIVELY MARKED 18

19 Pre-Planned Provide advice to the officer in operational control regarding tactics available Provide advice to the operational planner regarding risk assessment Suggest the range of tactical options available Forces should provide adequate training for all officers undertaking this activity, relevant to the role they are to undertake Discontinuing a Pursuit A pursuit must be discontinued when: (a) The risk of personal injury to any person, including the person(s) being pursued, or the pursuer becomes too great in comparison with the offence(s) committed or suspected OR (b) Road, weather or traffic conditions dictate OR (c) Any of the persons at believes it to be so dangerous as to necessitate discontinuing the pursuit OR (d) Information is forthcoming which makes the pursuit unnecessary, bearing in mind the original criteria on which the pursuit was authorised The decision to discontinue a pursuit can be made by any one of the following: Police driver initiating the pursuit Ground commander Resource Deployment Centre operator, prior to a supervisor being informed Force Incident Manager Tactical advisor The occupants of the assigned police vehicles Local Area supervisor, who may be aware of local circumstances not readily known by other staff, engaged in the pursuit The pursuing officer/ground commander, control room operator and Force Incident Manager must, at all times, use their best judgement in evaluating a pursuit and make a continuous appraisal of whether it should continue, taking account of changes in circumstances and intelligence The personal challenge created by a pursuit should never enter into the decision. A proficient individual is aware that the decision to discontinue a pursuit is, under certain circumstances, the most intelligent and professional course of action. Individuals must consider discontinuing a pursuit when the considerations for its commencing change All such decisions including the reasons for them and the persons making them must be recorded. All units must be made aware of that decision and the decision recorded Where a decision is made to discontinue a pursuit, the authorities, including the deployment of tactics, are automatically withdrawn. Final Version Pursuits NOT PROTECTIVELY MARKED 19

20 Where a decision is made to discontinue a pursuit, the decision to discontinue the use of the air operations unit should be made separately based upon the prevailing circumstances Pre-Planned Operations Tactical equipment (including HOSTYDS) may be used in pre-planned crime operations where it is known that the suspect(s) in the operation may use a vehicle and that they are unlikely to stop for police, if requested. They may also be used where car thieves or other offenders are known to be in vehicles, where the tactics or circumstances warrant and justify this use of force. The senior officer conducting the operation must seek tactical advice prior to deployment of such devices and a written risk assessment will form part of this process HOSTYDS may be used to support vehicle cordons during security operations, such as VIP visits, where it is imperative that vehicles are not driven along a certain route or past a certain point. A clear sign stating that the route is prohibited should be displayed and this may include the fact that a tyre deflation device is in use. Siting of a device should take into account that there will be a delay before it has a disabling effect and that some distance may be travelled during that time If, having complied with the above, the tactic is ineffective then any resulting pursuit will become subject to this procedure as a whole as outlined above Tactics It must be stressed that a tactical resolution MUST be available to officers to deal with pursuits. Tactics must be used in accordance with known good practice and approved training methods. No Tactics, No Pursuit Any tactical attempt to stop a motor vehicle should be carefully considered because of the risk to life and property Whenever a decision is made to exercise (or not exercise) a legitimate action, as identified within this procedure, the officer or Force Incident Manager making that decision must ensure that they document their reasoning at the conclusion of the incident Public safety is paramount. At any point where the risks involved in any option become too great, having regard to the circumstances at the time and the offence involved, then any ongoing tactical option must be discontinued It is for the Ground Commander or Force Incident Manager involved in a particular incident, taking account of the advice given by the tactical advisor, to decide on the safest and most suitable option available to use in the particular set of circumstances they are facing, taking account of the factors outlined in paragraph It is recognised that other equally acceptable options may be used, providing that a suitable risk assessment has been carried out prior to the adopting of that particular option. Final Version Pursuits NOT PROTECTIVELY MARKED 20