Spit and Bite Guard Policy

Transcription

1 Spit and Bite Guard Policy Table of Contents Section 1 Policy Purpose... Section 2 Procedural guides... Section 3 - Relevant Legislation: (Human rights/diversity/health & Safety/any other specifics)... Section 4 - Related References:... Section 5 - Identification, Monitoring and Review... Section 1 Policy Purpose Gloucestershire Constabulary has a duty of care under the Health and Safety at Work Act 1974 to provide adequate personal safety equipment and training for all relevant personnel who could potentially face violent situations involving Spitting. This policy has been put in place to set out the criteria for the selection and acquisition of protective equipment known as Spit and Bite Guards. It also sets the standards for the training and deployment of Spit and Bite Guards. The aim of this policy is to ensure that there is an efficient and consistent approach adopted across the force in regard to the use of Spit and Bite Guards. This policy is applicable to all Police Officers, Special Constables (SC s), Police Community Support Officers (PCSO s), Police Staff and Civilian Detention Officers (CDO s). These groups will be referred to as relevant personnel throughout this policy. Gloucestershire Constabulary, like many other forces, has seen an increase in notifiable crimes involving spitting. Relevant personnel are likely to encounter incidents which can have significant health risk from transmission of infection through contaminated body fluids from Spitting by non-compliant violent subjects, being detained or in custody. Spit Guards provide an additional tactical option to be considered in such circumstances. A Spit and Bite Guard is a transparent, breathable mesh garment that is placed over the subjects head to restrict the transfer of body fluids from the mouth by means of spitting. Its application should prevent a person from spitting beyond the confines of the guard and allow for the safe transportation of a person being conveyed to / in prisoner transport, to a suitable place of detention or whilst in that detention facility. The garment reduces the potential spread of contagious diseases to staff and members of the public, or other persons who come into close proximity to the wearer. Section 2 Policy Procedure 2.1 Formal Procedure This Standard Operating Procedure (SOP) sets out the criteria for the selection and acquisition of protective equipment known as Spit and Bite Guards. It sets the standards for the training and deployment of Spit and Bite Guards. 1

2 2.2 Deployment Principles - Only Gloucestershire Constabulary approved Spit and Bite Guards are to be used (KIT Design Pro spit and bite guard) - The use of a Spit and Bite Guard is considered to be a use of force, - Use of a Spit and Bite Guard should be proportionate, legally compliant and only used where considered necessary. - Relevant personnel will be accountable for their use of Spit and Bite Guards, and will make a written record following every use. - Spit and Bite Guards will be carried and used only by trained relevant personnel. - Spit and Bite Guards will be used in accordance with training and manufacturers guidance. Only officers and staff who have received training in the application and use of Spit and Bite Guards in the preceeding 12 months will be authorised to do so. Relevant personnel whose mandatory Officer Safety Training (OST) expires will not be authorised to use a Spit Guard. 2.3 Operational Use Spit and Bite Guards should only be used in circumstances where the actions of the subject are such that they represent a significant risk to the safety of relevant personnel, members of the public and themselves. There are a number of scenarios in which it is acknowledged that the Spit and Bite Guard may be used:- - At the scene of arrest, whether that be in a public or private place - Moving a person from the scene of an arrest to a police vehicle - Transporting a person to a location (custody suite, place of safety) - Placing a person into a police vehicle or cell. - Moving a person around the custody unit. Use of a Spit and Bite Guard is to be considered as one of a number of tactical options available to relevant personnel who is faced with a subject who is:- - Is Spitting - Is preparing to Spit - Is threatening to Spit - Has Spat during the attended incident. The decision to use a Spit and Bite Guard rests with the individual officer and the use will be recorded in the officer s Mobile Device/Pocket Note Book and relevant custody record as well as the subsequent statement. If a Spit and Bite Guard is used officers must complete a Use of Force form, as per policy. Reasonable Grounds - In considering what action is reasonable, an officer should apply the principles of the National Decision Making model especially taking into account all the accompanying circumstances at the time. There must always be an objective basis for the decision to use the Spit and Bite Guard. The Spit and Bite Guard needs a minimum of two officers working together to control the subject to apply it correctly. The subject should be handcuffed to the rear before a Spit and Bite Guard is applied. 2

3 Ideally, when applying the Spit and Bite Guard, gloves should be worn to minimise the risks to the officers. Once the subject is handcuffed, officers should approach the subject from the rear and apply the Spit and Bite Guard over the subjects head. This is to minimise the risk to themselves of being assaulted. Under no circumstances should a subject be left unattended whilst wearing a Spit and Bite Guard. Relevant personnel should keep anyone wearing a Spit and Bite Guard under constant supervision due to the potential risk of it inducing an asthma attack, vomiting, difficulty in breathing, or causing a restriction from a facial bleed. Where possible, strong consideration should be given to the removal of eye wear from the subject prior to the use, and consideration given to the removal of any jewellery that might become entangled. If the subject is wearing any faith related headwear that prevents the application of the Spit and Bite Guard then alternative tactical options should be considered. The dignity of the subject should be considered in these circumstances, balanced with the risk to others. Where PAVA has been deployed relevant personnel should be aware that this may cause the subject additional distress and an excessive amount of mucus and saliva which could saturate the Spit and Bite Guard meaning that breathing becomes difficult. On occasions, an elevated level of distress may be shown by the detained person when a Spit and Bite Guard is applied. Relevant personnel should provide verbal re-assurance and dynamically assess the situation with a view to removal if appropriate. In the event of a medical emergency the Spit Guard should be removed immediately. Relevant personnel need to consider the individuals medical conditions or the apparent pre-existing medical conditions when considering the use of a Spit and Bite Guard. These include asthma, vomiting and bleeding from the nose or mouth as well as mental health issues. In the case of a facial injury relevant personnel must take account of this and consider the potential impact of applying the Spit and Bite Guard. Officers should consider looking for SOS/Medicaid wrist bands, Talisman necklaces or medication which may indicate a person has a pre-existing medical condition. Spit and Bite Guards should not be used on persons suffering (or believed to be suffering) from Acute Behaviour Disorder (ABD) as this can increase the effects of the disorder and therefore also increase the risk of death occurring. Any ABD should be treated as a medical emergency and the subject be transported to hospital as per the input on the annual officer safety training. Where Spit and Bite Guards are used relevant personnel must ensure that the detained persons are suitably assisted when moved, as visibility may be impaired when the Spit and Bite Guard is in use. Relevant personnel must be aware of the requirements and techniques for safe movement of persons to ensure that they do not expose themselves to injury when carrying this out. Once used, the Spit and Bite Guard should be disposed of as Bio-Hazardous waste, unless needed as evidence. A replacement Spit and Bite Guard can be obtained from custody or via support services. Spit and Bite Guards should only be used for as long as is necessary and should not be used as a means of punishment. 3

4 2.4 Verbal Warnings Where circumstances permit, relevant personnel should give a clear warning of their intent to use the Spit and Bite Guard. They should give sufficient time for the warning to be heeded, unless to do so would unduly place any person at further risk, or would be clearly inappropriate or impracticable in the circumstances of the incident. Relevant personnel shall give the clear verbal warning such as:- Stop Spitting, Stop Spitting if you continue to Spit or threaten to Spit, I will use a Spit and Bite Guard 2.5 Aftercare Recovery from the effects of the use of a Spit and Bite Guard should be instantaneous, it is important that relevant personnel provide verbal reassurance as to the temporary effects and use of the Spit and Bite Guard, and instructs the subject to breathe normally. This will aid recovery and mitigate against hyperventilation. Should the subject not recover, first aid should be rendered immediately and the incident should be treated as a medical emergency. Following the use of PAVA officers and staff should have an increased awareness of the needs of the subject when a Spit and Bite Guard has been used. PAVA aftercare procedures should be followed as best as they can without causing increased danger to officers or extra distress to the subject. Officers have a duty of care in relation to the safety and well-being of subjects under their control. Where it is evident that the subject becomes unduly distressed or a medical emergency the Spit Guard should be removed immediately. If the subject displays any breathing difficulties as a result of the use of a Spit and Bite Guard it is to be removed immediately and seek medical attention if necessary. 2.6 Use in Custody When attending the custody suite officers should consider either the removal of the spit and bite guard if it is considered by the officer that is suitable to do so. Within the custody suite officers are to be guided by the custody officer. Where a subject comes into custody wearing a Spit and Bite Guard, the Custody Sergeant should routinely check for visible head injuries when the guard is removed. If the Spit and Bite Guard is used the custody officer must be informed and the custody record should be endorsed accordingly by the Custody Officer. A requirement for a Force Medical Examiners (FME) will be a matter for the Custody Officer but, if the Spit and Bite Guard has been on the individual for 30 minutes or more, then they should always be seen as a matter of course. If a Spit and Bit Guard is used on a detainee in custody then the Custody Sergeant will ensure that Police Officers constantly monitor the subject at close proximity for the entire time that the guard is worn and for a period of time after. The officers should check that the subject is breathing and the airway is not restricted in any way, recording their actions on the custody record. Officers should be reminded of the dangers of positioinal asphyxia. 4

5 Section 3 Procedural Guides All training in respect Spit and Bite Guards will be conducted during initial and refresher Personal Safety Training. This training will be delivered by qualified and accredited personal safety trainers. Please speak to SDU for full details of the Spit and Bite Guard lesson plan. Section 4 - Relevant Legislation: (Human rights/diversity/health & Safety/any other specifics) European Convention for Human Rights Police and Criminal Evidence Act section 117 Section 5 - Related References: Section 6 - Identification, Monitoring and Review The Policy should enable consistent and effective decision making. Where operational or managerial circumstances require any decision making that would adversely affect adherence to the policy or procedure, in line with the Statement of Intent of the constabulary and the police service Code of Ethics, if an officer/ police staff member believes that they need to make a decision that steps outside of policy and procedure they should do so, provided that: the officer/ police staff member raises the matter at the earliest opportunity (and ideally before any such decision is made) with their line manager declaring their intended (or actual) course of action if notification is made after the decision is taken, produces, in a timely manner, a signed and dated written explanation of why it is/ was deemed necessary to step outside of policy and procedure, and maintain an adequate record of this written rationale for audit purposes appropriate to the circumstances/ contravention GSC Security Marking: Type Department Policy URN 285 Obtain from G&C team /-SENSITIVE Strategic Board signed off IGB include date signed off Author/Reviewer Version Date History of changes (ensure public copy amended and uploaded to external website) Version New template created Version 2.2 Aug 2017 New corporate heading and official marking & decision making wording added Complied with Policy Guidance 5

6 V2.3 October 2018 Formatting and Publication: Governance and Compliance Team Next Document Review Date: EIA EIA Sign Off name and date EIA Review name and date LOW/MEDIUM/HIGH Ensure EIA created and reviewed in line with policy creation/review Link to EIA G&C to complete hyperlink action SIA if required SIA Sign Off SIA Review FREEDOM OF INFORMATION - This version will be placed on the public domain website If this version CANNOT be placed on the public domain website, please provide a FOI redacted version. Previous policies can be found with the Governance and Compliance team. 6