Part 8 Use of force and Police dogs.pdf

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Part 8 - Use of force and Police dogs
Summary
Introduction
The use of force by constables (including dog handlers) or authorised officers is outlined in
the chapter 'Use of force' and must be read in conjunction with this chapter. The
requirements of the 'Use of force' chapter and this part of the 'Police dogs' chapter must be
complied with at all times.
This part of the 'New Zealand Police dogs' chapter provides instruction on the use and
reporting of force (primarily dog bites) with Police dogs including:
force used intentionally as a tactical option on a person
force used unintentionally on a person.
It also provides instruction on the reporting of any other type of dog bite incident
including:
workplace accidents
uncontrolled bites on innocent third parties
dog bite incidents by Police dogs under the control of non-Police (e.g. foster homes)
incidents of Police dogs attacking other dogs or stock.
Deﬁnitions
Term
Deﬁnition
Dog
A 'dog bite injury' includes any injury resulting from a Police dog or an
bite
operational Police dog biting, or attempting to bite any person, but excluding
injury
any injury classified as a "serious dog bite".
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Non-
A 'non-injury dog bite' can be inflicted by an operational Police dog or Police
injury
dog and includes any bite to a person, where there is no injury as a result of
dog
the bite.
bite
Other
'Other damage or injury' caused by Police dogs includes:
damage
any damage caused to non-Police property by a Police dog or
or
operational Police dog regardless of whether the dog was on duty at the
time; and/or
injury
any injury to any animal caused by a Police dog or operational Police
dog, whether or not the dog was on duty at the time.
Serious
A 'serious dog bite injury' includes any injury resulting from a Police dog or an
dog
operational Police dog, biting or attempting to bite any person, where one or
bite
more of the following result:
injury
the victim requires admission to hospital
there is a likelihood that the victim may suffer from a permanent
disability as a result of the bite or attempted bite
the victim has received multiple bite injuries or wounds
the victim has been bitten on the face, neck or groin
the victim has been bitten by more than one Police dog at the same
time
the victim has suffered some other sort of serious injury directly
resulting from the dog biting or attempting to bite.
Principles
Decision to use force
The law sees little difference between dogs, when used as a means of force, and other
methods and implements used by Police, for example firearms, TASER and batons (to name
a few).
However, when used as a means of force, dogs can promote a much higher degree of fear in
the recipient than other means of force. Dogs are presumed to be dangerous.
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Police dogs are highly trained, disciplined animals. However, they are animals. While
capable of independent action, they are not able to assess how much force is appropriate
in a particular situation. When deployed to bite they will react according to training and
instinct.
Every Police employee operating a Police dog must be thoroughly familiar with the 'Use of
force' chapter in the Police Manual and the use of force provisions in the Crimes Act 1961,
specifically sections:
39 - Force used in executing process or arrest
40 - Preventing escape or rescue
41 - Prevention of suicide
42 - Preventing breach of the peace
44 - Suppression of riot by Police
48 - Self-defence and defence of another
62 - Excess of force.
Refer also to the Police Manual 'Use of force' chapter reference to the Crimes Act sections
52, 53, 55, 56, 60 and other statutes authorising use of force.
The legal authority to use force is given to the handler, and the dog is the handler's
instrument. Accordingly, the use of force involving a Police dog can only be justified if the
use of force by the handler would be legally justified. In each situation the use of force
must be carefully considered.
For more guidance see the 'Use of force' chapter in the Police Manual.
Proximity
In all deployments of Police dogs handlers must be alert to circumstances that could cause
a Police dog to contact or bite a person when not intended.
While Police dogs are trained to respond in self defence and to protect the handler if
attacked, handlers must take reasonable steps to prevent or avoid reactive attacks and
assaults by suspects that can be induced by the close proximity of a Police dog to a suspect
or person.
When locating suspects or otherwise dealing with people when accompanied by a Police
dog, dog handlers must take reasonable steps to ensure that their Police dog cannot
initiate contact or bite that person unless commanded to do so.
Handlers must consider the proximity of the dog to any person and must take in to account
the likely actions of a person in the given circumstances that could cause the dog to react
by biting.
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Environmental stimuli
Police dogs are alert to respond to a wide variety of environmental and command stimuli,
therefore, dog handlers must be constantly alert to the potential of an environmental
stimulus initiating a behaviour or response in a dog that the handler does not intend to
happen.
Medical treatment
Everyone bitten or injured by a Police dog must be given appropriate medical attention.
Reporting
All dog bites or injuries caused by Police dogs must be reported. See the 'Reporting dog
bites or injury by Police dogs' section for details.
Factors to consider before using force
Dog handler to make informed and considered decisions
The Tactical Options Framework is used to help officers make decisions regarding the use of
force with Police dogs. Refer to the Police Manual chapter 'Use of force' specifically the
section entitled 'Tactical Options Framework'.
Dog handlers must consider all tactical options when considering the use of force. Just
because you have a Police dog with you should not be the reason for using the dog as a
means of force instead of a more appropriate option.
Consider that the use of force may be justified in these circumstances:
to execute process or arrest
in self-defence or in defence of another
to overcome force used in resisting arrest
to prevent a breach of the peace
to prevent suicide
to prevent an offence likely to cause immediate and serious injury to a person or
damage to property.
As a Police employee operating a Police dog you are personally responsible for the use of
force by the dog and therefore must:
before releasing the dog, be satisfied that the use of force is justified in the
circumstances
unless it is not practical to do so, call on the person to desist
ensure that the extent of the force used by the dog is kept to the minimum possible in
the circumstances
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where time and circumstance permit, plan actions and communicate with other staff
present. For example, you should not release the dog if the subject is being tasered,
or has been tasered and probes are attached to the subject. (There is a risk of neuro-
muscular incapacitation to the dog through the transfer of electrical current, and if it
becomes tangled in wires, the dog’s effectiveness is reduced and the probes could
dislodge reducing the intended effectiveness of the Taser).
Ask yourself:
Can I identify the suspect to the dog?
Are there already sufficient members present and available to affect the arrest safely?
Can or should the dog be used while on a lead and under physical control?
Is there significant risk of injury to innocent bystanders which, in the circumstances,
outweighs the need to use the dog?
Note: No dog handler should be ordered to release a dog for the purpose of
apprehending a person without prior consultation.
There is a difference between a tactical order and an operational decision to deploy a dog.
A commander (such as in the AOS ()) makes the tactical decision to use the dog based on
the circumstances. The handler is responsible for the operational decision to deploy the
dog in such a way that the commander's tactical aim is achieved.
Police dogs as a tactical option
Police dogs are a less than lethal tactical option. Police dogs may be deployed as:
Show
Presentation Physical presence with a Police dog.
force

Challenge
Warning a person that the dog will be used to search and
locate or to bite.

Guarding
Guarding a person or place.

Searching
Searching for and barking at suspects.
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Use
Biting
Use of Police dog to bite a person to apprehend or overcome
force
resistance.
Method of deploying a Police dog to bite
Police dog handlers may deploy Police dogs to apprehend or bite people:
while held on a lead and collar or chain
while held on a tracking harness and or tracking line
while deployed lead free
while wearing handling equipment but not held by the handler.
Challenge or warning
Before a Police dog is deployed to bite a person, the person must be warned or challenged
to surrender, unless it is unsafe or impracticable to do so. The challenge must:
identify you as a Police employee
identify that you have a Police dog
identify that a dog will be used to bite the suspect if s/he does not surrender to
Police
be of such a volume that it is reasonable to expect the person to hear it.
Note: In AOS () or other critical situations a challenge may not be given if it is not
practicable or would be dangerous to do so.
Time to comply
Once challenged the person must be given reasonable time to comply, taking the particular
circumstances into account.
Suspect sighted by dog
Dog handlers should not release a dog to apprehend a suspect unless they are sure that
the dog has sighted the suspect.
If on releasing the dog it is obvious or there is doubt that the dog does not have sight of or
has lost sight of the suspect then the dog should be recalled or placed in a control position
(down).
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Control of Police dogs
Police dog handlers must have control of their dog at all times during deployment.
Control means that the dog is under immediate physical or voice control and the dog
responds to that control. Control includes:
deploying the dog to bite
recalling the dog once it has been deployed to bite
stopping the dog from biting
calling the dog back to the handler at any time.
If at any time the control of a Police dog does not meet the required standard the handler
or supervisor must implement remedial action in accordance with 'Part 6 - Certification of
Police dogs' chapter.
Example of warnings used with the deployment of Police dogs
Deployment
Police warning
Searching for suspects in
"Police! I have a Police dog. Come out or the dog
buildings or open areas
will be used to ﬁnd you."
"Police Dog Handler! Come out or the dog will be
used to ﬁnd you."
Deploying to apprehend (bite)
"Police! Stop or the dog will bite you."
Preventing unintended dog bites
Except when intended as a use of force, dog handlers and other Police employees in control
of a Police dog must prevent dogs biting people by handling, managing and caring for
Police dogs in the manner directed by the 'New Zealand Police dogs' chapter and relevant
dog section training manuals.
Pursuit and apprehension
Third party injuries
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If a Police dog is released to pursue a suspect, there is a risk to third parties being involved.
You must be constantly alert to that risk and be capable of stopping the dog and recalling
the dog back to you at any time.
Out of sight
At any time that a dog loses sight of a suspect after the dog has been deployed to chase
and apprehend you should:
recall or down the dog
regain control of the dog
re-deploy the dog once the suspect is in sight again and it is safe to do so.
Moving Police dogs from dog vans and vehicles
To ensure the safety of the public and the Police dog, Police dogs must be under the
handler's control at all times. The risk of unintended contact with people (including dog
bites) when transporting dogs is highest at the time the dog jumps out of a dog van.
Control
Before taking a Police dog out of a vehicle the dog must be:
on a lead and chain, or
on a lead and collar, or
held by the collar.
At the time that the dog is removed from the vehicle the handler must be alert to people
who are around the vehicle and must prevent the dog coming in contact with them.
Deployment
Police dogs should not be deployed directly from a vehicle lead free to track, pursue, or
perform any other policing activity.
Front ﬂap
Except in an emergency Police dogs must not be deployed through the internal flap of a
dog van via the driver's compartment.
Emergency situations include:
where there is no other means of getting the dog out of the van
getting the dog out of the van after an accident
where there is a threat to the handler while still in the dog van, or, there is a threat to
the handler if the handler had to get out of the van to deploy the dog.
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Tracking
Tracking occurs in a wide variety of environments and at all hours of the day and night.
During tracking handlers must be alert to the possibility of unintended contact with
members of the public and, also, the potential of contact with, or sudden location of, a
suspect at any time. To prevent unintended contact and dog bites handlers should take
particular care:
when approaching corners
tracking at night
when other people are known to be or are likely to be in your vicinity.
In public places where it is likely that other people could be around a corner, on the path of
or in the vicinity of a track, handlers should:
reduce the tracking line to half or less, and
keep their dog in view, and
prevent unintended contact with people.
Private property
On every occasion that a Police dog tracks onto or enters private property (in an urban
environment or near buildings in a rural environment) the handler must manage the dog in
a manner that anticipates coming across suspects or innocent third parties. This should
include:
reducing the length of the tracking line to half or less to ensure the dog can be
stopped from coming into contact with any person, and
keeping their dog in view, and
preventing unintended contact with people.
Control position
Handlers must be able to place Police dogs into immediate control positions while tracking
including the 'down' or 'recall' to the handlers side.
Locating people and suspects
Unintended contact with or bites on suspects or members of the public by Police dogs can
occur because of the actions of:
the suspect
persons who the dog come across when tracking (who aren't the suspect)
the dog
the handler
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or a combination of those listed above.
Dog handlers must take all reasonable steps to prevent unintended contact and bites.
Contact with suspects
Police dogs must not be allowed to contact or bite suspects unless commanded to do so by
the handler.
Handlers must be alert to the indications of their Police dog when patrolling, tracking or
searching. From the time the dog indicates the possibility of the presence of a suspect or
person, or locates a suspect, they must take immediate and appropriate action to prevent
contact and/or dog initiated bites including:
reducing the length of the tracking line ensure the dog can be stopped from coming
into contact with any person that may be nearby
recalling the dog to them
downing the dog and going to the dog
placing the dog on a lead and chain or lead and collar
shortening their hold on the lead.
Building and area searches
The deployment of Police dogs into buildings and open areas to locate suspects could
result in non intended contact and bites of suspects.
Challenge
Before a Police dog is deployed to search for a person (excluding Search and Rescue and
AOS deployment) the handler must issue a warning or challenge for the person(s) to
surrender.
Repeated challenges must be given when entering different parts of buildings or places
where it is likely that the person(s) would not have heard the original challenge.
A reasonable time for a response to the challenge must be given before deploying the
Police dog to search.
The challenge must include the identification of the handler as a Police employee and the
fact that a dog will be deployed to bite if the suspect does not surrender to Police.
Control position
Handlers must be able to place Police dogs into immediate control positions while
searching including the 'down' or 'recall' to the handlers side.
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Free searching out of sight
Dogs trained to 'stand-off and bark' may be deployed to free search out of sight of the
handler.
The handler must be ready to recall their dog at any time during a deployment, and must
recall then re-deploy their dog whenever the dog goes out of sight and the handler is
unaware of what the dog is doing.
Armed Offenders Squad (AOS ()) dogs should only be used to free search out of sight on an
AOS operation.
Free searching in sight
Dogs that are trained to search but do not have a 'stand off and bark' response can only be
deployed to free search if the dog is kept in sight and is under immediate voice control.
Controlled search
Whenever a handler has concerns regarding the safety of deploying a dog to free search
they must place the dog on a lead or extended lead to conduct the search.
Armed Offenders Squad (AOS) and Search and Rescue (SAR)
The deployment of Search and Rescue (SAR ()) and Tactical Armed Offenders (AOS ()) dogs to
free search is governed by training best practice specifically relating to SAR and AOS dogs.
Dog bites
Injury and infection caused by dog bites
Dog bites are painful because of the bruising caused to the surrounding tissues. Dog bite
injuries can include punctures, rips, tears scratches and bruising of varying degrees of
severity.
The major problem with dog bites apart from the size of the injury is the high incidence of
infection as a result of the bite. It is therefore important for all people who are bitten to
receive appropriate medical treatment, or to be advised of the need for medical follow up
(for tetanus and antibiotics if indicated).
It is also important to identify the full extent of injuries caused by dog bites to ensure that
appropriate medical treatment is provided and to prevent accusations of injury that did not
in fact occur.
Identify people bitten
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When a Police dog handler or employee in charge of a Police dog is aware that a Police dog
has or may have come into physical contact with a person, they must take all reasonable
steps to identify the person and ascertain whether the person has been bitten.
Limiting dog bite injuries
The deployment of a Police dog to bite can cause a wide range of injuries ranging from
bruising and scratches to puncture wounds and tears. Severity of the bite will also depend
on the bite delivered by an individual dog, the number of bites inflicted and how long the
dog bites for.
Dog bites can cause significant pain and panic reactions. Most people will react in some
way to the dog biting them. While some suspects may deliberately fight and resist the dog,
it is a natural reaction for people to physically resist being bitten and to respond verbally. It
is therefore unrealistic to expect full compliance to instructions or a passive response from
people while a dog is biting them.
The action of people resisting being bitten will also stimulate the dog to continue biting
and handlers must take this into consideration when managing their dog.
Call off
Handlers must stop their dog from biting as soon as possible after the dog has
apprehended a suspect or bitten any person. The handler must use approved techniques
that will achieve the 'call off' in the quickest time. This will include commanding the dog to
'leave', physically stopping the dog from biting, or commanding the dog to leave and
physically removing the dog at the same time.
Control
Once 'called off', Police dogs must be placed under physical control (e.g. on a lead) as soon
as possible and moved to a suitable distance from the suspect that:
enables the handler to keep the suspect in custody and prevent escape
prevents the dog from re-biting or delivering self initiated bites
prevents the suspect from attempting to kick or hit the dog that would result in a re-
bite.
Medical treatment
People bitten or injured by Police dogs must be given appropriate medical care as soon as
practicable.
Medical attention at the scene
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Following a dog bite incident dog handlers must:
provide or direct other staff to provide immediate first aid as necessary in the
circumstances
call for a medical support to the scene if necessary (ambulance or other staff).
General medical care
In the case of a major injury a person must be seen by a doctor or emergency department
as soon as possible.
In the case of less serious injuries a person must be seen by a doctor, paramedic or health
professional as soon as is practicable under the circumstances.
Refusal of medical care
In all instances where medical care has been refused or declined the person must be
advised that they should seek medical follow up because of the high risk of infection from
dog bite injuries.
Record the refusal and advice given in your notebook and in any related report.
Prisoners
Follow the procedures in the 'People in Police detention' chapter for receipt and initial
assessment of prisoners.
Note these points:
Refusal of care for dog bites can only be given by the prisoner to a doctor, an
Emergency Department, paramedic or health professional.
The officer in charge of the prisoner should make a note book entry of the refusal and
have that witnessed by either the prisoner, medical person or another officer. The
refusal should be noted on the Tactical Options Report.
In the case of very minor injuries such as scratches refusal can be made to the officer
in charge of the prisoner, who should make a note book entry of the refusal and have
that witnessed by either the prisoner, or another officer.
People not in custody
Take reasonable steps to provide treatment and advise people to seek medical follow up.
If a person refuses treatment, make a note book entry of the refusal and have that
witnessed by either the person, medical person or another officer.
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In the case of a child or young person their parent or guardian must be informed as soon as
possible and they should be advised that they should seek medical assistance as soon as
possible and every attempt should be made to provide that treatment.
Reporting dog bites or injury by Police dogs
All Police dog bite incidents must be reported
If a Police dog bites or injures any person the dog handler or Police employee responsible
for that dog must submit a report to the OC () dog section or dog section supervisor (where
the OC is not the direct report) at the first opportunity.
Exceptions
The reporting instructions above do not apply in these circumstances:
Mouthing or very minor bites such as playful 'nips' in non operational or home
environments where there is no injury, i.e. bites that are normally encountered when
raising or training a dog, particularly with young puppies.
Very minor bites and scratches caused to handlers or staff as a normal consequence
of working or training a dog.
Note: If in doubt, report the incident.
Dog bite reports
These tables detail the different dog bite reports and when what type of report is required.
Report
Description
Tactical
Where in the execution of a duty a constable uses force on any person
Options
with a Police dog, regardless of whether or not that person has been
Report (TOR)
arrested.
Dog
Submitted in conjunction with the TOR () above.
Assignment
Report
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Uncontrolled Submitted as a POL258. Where in the execution of a duty or when off
bite report
duty a Police dog (including foster dogs) bites any person when the use
of force was not intended.
Accident
For reporting training or deployment accidents involving any Police
report
employee.
POL645
Other bite
Submitted as a POL258 to report any other bite incident including Police
reports
dogs attacking other dogs (not Police dogs) or stock.
Dog bite incident
Report required
Use of force
Tactical Options Report and Dog
Assignment Report
Uncontrolled bite
Police Report POL258
Training or deployment accident to Police
Accident report POL645
employees
Other bite incidents
Police Report POL258
Note: TOR is not used for reporting uncontrolled (previously referred to as
'accidental') bites.
Investigation or review of dog bite incidents
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Where an investigation or review relating into a dog bite incident is conducted, the dog
section supervisor or investigator must include a factual analysis of three key elements in
that report, namely:
How the dog team deployed
How the handler managed / handled the dog during the deployment
How the dog behaved.
The objective of an investigation or review is to:
identify and report on the facts of the deployment
identify failures in the deployment in the context of accepted practice and policy
identify and resolve problems relating to the handling, training or deployment of
Police dogs
identify and resolve problems relating to the behaviour of Police dogs
identify where training and or deployment practices can be improved
identify good practices that may benefit general Police dog training or deployment
identify that appropriate recognition has been given to handlers for their work
provide organisation assurance on the management, training and deployment of
Police dogs.
How the dog team deployed
This includes a factual account of the mechanics of how the dog was deployed. It should
include:
pre deployment
deployment
resolution or post deployment.
The account must include what the handler did and said, what the dog did and the
suspect/victims actions and words at each stage.
Where appropriate reference should be made to the Tactical Options Framework.
How the handler managed / handled the dog
This includes a factual account of the deployment in comparison to approved training,
policy and practice. Reference to that training, policy and practice must be made for each
step of the deployment commenting as to whether it complied and if not why not and what
the implications were as a result.
How the dog behaved
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The behaviour of the dog must be reported in the context of trained responses and canine
behaviour. In essence you are reporting on why the dog did what it did. There must be no
doubt as to why the dog behaved in the way it did.
Trained responses should discuss factual elements of what the dog is trained to do, how it
responded because of that training and draw on known behaviour from training records,
deployment and annual certifications.
The report must include the dog's response to commands given by the handler.
Canine behaviour must identify and describe the actual behaviour displayed by the dog. For
example prey drive, defence drive, territorial aggression, pain aggression. Where the exact
behaviour is unknown or cannot be identified by the investigator they must consult with
experienced staff including the Breeding Services Manager, Practice Leader: Dog Training,
National Co-ordinator: Police Dogs or a recognised animal behaviourist at Massey
University to identify behaviours.
Investigators should peer review findings relating to the behaviour of Police dogs in these
investigations.
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