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eXact Impact XM1006
Detailed table of contents
This chapter contains the following topics:
Summary
•
Introduction
•
Approved device
-
Application
-
Effects
Possession and legal implications
•
Possession
• Use of firearms by Police Section 6(c) Official Information Act 1982
• Conditions to be satisfied before firing
•
Legal implications
•
Accountability
•
Important principle
Deployment of eXact Impact XM1006
•
Tactical Options Framework
•
Definitions
•
General guidelines
Restrictions on deploying XM1006
•
Passive resistance
•
Demonstrations
•
Crowd situations
•
Pregnant females
Target zones
•
General warning
Section 6(c) Official Information Act 1982
Post incident procedures
•
Operator actions
•
Supervisor’s actions
•
Medical after-care and reporting
•
Notification to Independent Police Complaints Authority
•
Reporting and investigating unintentional discharges of firearms
•
Tactical Options Report and AOS Deployment Report
•
Privacy Act and Official Information Act requests
In force form 16/10/2015 to 17/11/2020
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eXact Impact XM1006, Continued…
Summary
This section contains the following topics:
•
Introduction
•
Approved device
•
Application
•
Effects
Introduction
The eXact iMpact 40mm sponge round (XM1006) is a point of aim, point of impact, direct
fire less lethal round. It is only used by Armed Offender squads (AOS) and the Special
Tactics Group (STG) in situations where maximum deliverable energy is desired for the
incapacitation of an aggressive non compliant subject.
This chapter details:
• The devices approved for use by New Zealand Police
• Groups authorised to use the device
• It what circumstances they can be used
• Under what conditions and rules, and
• what aftercare must be provided to the subject.
Approved device
The only sponge round approved for use by the New Zealand Police is the eXact Impact
XM1006 40mm sponge round.
The projectile is made up of a high density sponge nose that is aerodynamic in flight.
The nose provides the largest impact surface available from a standard bore munition
assuring non penetrating impact. In addition the nose acts as a dampening material
which allows the XM1006 to be shot at extremely close range with no greater risk of
injury to the subject. This is what an XM1006 round looks like:
eXact iMpact 40mm sponge round (XM1006)
Application
Section 6(c) Official Information Act 1982
Effects
XM1006 is intended to incapacitate an aggressive, non compliant person and will
commonly cause bruising rather than significant or long-lasting injury. There are no
known long-term after effects to exposure.
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eXact Impact XM1006, Continued…
Possession and legal implications
This section contains these topics:
•
Possession
• Use of firearms by Police Section 6(c) Official Information Act 1982
• Conditions to be satisfied before firing
•
Legal implications (use of force)
•
Accountability
•
Important Principle
Possession
Section 6(c) Official Information Act 1982
It
is a firearm as defined in the Arms Act 1983.
Police have a statutory authority to carry firearms and restricted weapons pursuant to
section 3 of the Arms Act 1983. This power exempts Police from liability against
prosecution and use of firearms provided such carriage and use is reasonable, necessary
and proportionate.
Section 6(c) Official Information Act 1982
Use of firearms by Police Section 6(c) Official Information Act 1982
Police employees must be aware of their personal responsibilities when using firearms
regardless of whether a lethal or less lethal projectile is being deployed.
Under section
62 of the Crimes Act 1961 an employee is criminally liable for any excess
force used. An overriding requirement in law is that minimum force must be applied to
effect the purpose.
Where practical, Police should not use a firearm unless it can be done without
endangering other persons.
In addition to legal provisions, the deployment of the eXact iMpact 40mm less lethal
sponge round must be in accordance with the Less Lethal 40mm eXact iMpact XM1006
Manual of Operating Procedures (MOPs), Tactical Options Framework and training.
When considering the use
of an eXact iMpact 40mm less lethal sponge round, you must
have an honest belief that the subject, by age, size, apparent physical ability, threats
made, or a combination of these, is capable of carrying out the threat posed (perceived
cumulative assessment).
Purpose
Police may use a less lethal munition to …
Defend themselves or others defend yourself or others if you fear physical injury
to yourself or others, and you can not reasonably
protect yourself or others less forcefully.
Arresting an offender
arrest an offender if you believe on reasonable
grounds that the offender poses a threat of physical
injury and the arrest cannot be effected less
forcefully.
Preventing escape
prevent the escape of an offender if you believe on
reasonable grounds that the offender poses a threat
of physical injury to any person, and the escape
cannot be prevented less forcefully.
Resolve an incident
resolve an incident where a person is acting in a
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eXact Impact XM1006, Continued…
manner likely to physically injure themselves and the
incident cannot be resolved less forcefully
Deter animal attacks
deter attacking animals to defend yourself or others.
Conditions to be satisfied before firing
The XM1006 must not be deployed until
all these conditions have been satisfied:
• They have first been asked to surrender unless it is impractical and unsafe to do so.
• It is clear they cannot be arrested without first deploying the XM1006.
• Further delay in apprehending the offender would be dangerous or impractical.
Legal implications (use of force)
The deployment of the XM1006 is a use of force and as such, must be reasonable,
proportionate, and necessary in the circumstances. The relevant sections of the Crimes
Act 1961 relating to Police use of force are:
•
s39 (force used in executing process or arrest)
•
s40 (preventing escape or rescue)
•
s41 (prevention of suicide in certain cases)
•
s48 (self defence and defence of another)
•
s62 (excess of force).
See:
Use of force chapter.
Accountability
Police employees are personally and criminally responsible, by virtue of section
62 of the
Crimes Act 1961, for the use of any excess force during the course of their duties. They
may also be subject to internal disciplinary action for any excess use of force.
Caution: Under no circumstances must the device be applied to an
uncooperative but otherwise non-aggressive person to induce compliance.
Important principle
An overriding principle guiding the employment of XM1006 is that it can only be applied
in situations within and beyond the assaultive range, as outlined in t
he Tactical Options
Framework in the ‘Use of Force’ chapter.
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eXact Impact XM1006, Continued…
Deployment of eXact Impact XM1006
This section contains these topics:
•
Tactical Options Framework
•
Definitions
•
General guidelines
Tactical Options Framework
The XM1006 is an intermediate option in relation to the
Tactical Options Framework. As
such, the XM1006 is one of a number of tactical options available when your ‘perceived
cumulative assessment’ (defined below) of a situation is that the subject’s behaviour is
within or beyond the assaultive range or has the potential to escalate to within or
beyond the assaultive range.
Caution: Under no circumstances must the XM1006 be deployed on an uncooperative
but otherwise non-aggressive person to induce compliance.
Definitions
In accordance with the Tactical Options Framework, this table defines terms that relate
to XM1006 round.
Term
Definition
To prepare ‘To prepare’ means carriage.
To show
‘To show’ means deployment in the form of presentation of the loaded
Section 6(c) Official Information Act 1982
To use
‘To use’ means deployment in the form of application through discharge.
Important: You must only deploy the XM1006 in accordance with:
• the Tactical Options Framework
• these instructions
• approved training.
General guidelines
These principles underpin the use of less lethal eXact Impact rounds:
• The safety of the public and Police is paramount.
• eXact Impact munitions should only be used by qualified operators.
Section 6(c) Official Information Act 1982
• Correct ammunition selection is critical and operators must ensure only XM1006
rounds are used against persons.
Note: Section 6(c) Official Information Act 1982
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eXact Impact XM1006, Continued…
Section 6(c)
Official
Information Act
1982
XM1006 Section 6(c)
Section 6(c) Official Information Act 1982
• The Tactical Options Framework must be applied to all incidents and operations.
•
Any use of force must be reasonable, proportionate and necessary. In determining
the extent of the threat members should be guided by the principles of
TENR and
consider intent, capability, opportunity and the physical environment.
•
AOS/STG operators have a variety of ‘use of force’ options available to them during
callouts. The XM1006 round provides a mid range less lethal option and supplements
other options such as the use of dogs, OC Spray and Taser.
•
No single less lethal option is always fully effective. These options when combined or
used in a tiered response are more likely to be successful so when time and
circumstances permit members should ensure all tactical options are available to
them including lethal force.
•
The actions and behaviour of the offender may dictate that this less lethal option is
not appropriate and there is a need to escalate the response to a higher tactical
option.
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eXact Impact XM1006, Continued…
Restrictions on deploying XM1006
This section contains these topics:
•
Passive resistance
•
Demonstrations
•
Crowd situations
•
Pregnant females
Caution: under no circumstances must the device be applied to an uncooperative but
otherwise non-aggressive person to induce compliance.
Passive resistance
Always deploy the XM1006 in a manner consistent with the
Tactical Options Framework
and
never against people offering only passive resistance.
Demonstrations
The XM1006 must
not be carried by constables rostered for duty at demonstrations.
Crowd situations
As a single shot weapon, the XM1006 is best suited to application against individuals.
This means that in crowd situations, you must consider the potential to inflame the
situation before you deploy the XM1006.
Pregnant females
Except as a last resort, you must
not use a XM1006 on females who are known to be, or
believed to be, pregnant.
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eXact Impact XM1006, Continued…
Target zones
This section contains the following topics:
• General Warning
Section 6(c) Official Information Act 1982
General Warning
When challenging the subject they should be advised that they may be shot with a
sponge round and that it will hurt.
This warning will be relative to the circumstances and should be delivered unless
impractical or unsafe in the circumstances.
Section 6(c) Official Information Act 1982
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Section 6(c) Official Information Act 1982
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eXact Impact XM1006, Continued…
Section 6(c) Official Information Act 1982
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eXact Impact XM1006, Continued…
Post incident procedures
This section contains the following topics:
•
Operator actions
•
Supervisor’s actions
•
Medical after-care and reporting
•
Notification to Independent Police Complaints Authority
•
Reporting and investigating unintentional discharges of firearms
•
Tactical Options Report and AOS Deployment Report
•
Privacy Act and Official Information Act requests
Operator actions
Whenever a XM1006 round is used against a person the operator must follow these
steps.
Step
Action
1
Arrest or ensure the safe custody of the person if circumstances allow.
Rights caution should be delivered to the subject immediately following arrest
and repeated once the subject has recovered from the effects of the sponge
round.
2
Once the suspect has been arrested or detailed and controlled. When it is safe
to do so, first aid should be performed where appropriate, as per your
training.
Look for injuries, and assess and deal with them appropriately.
Caution: Seek immediate medical assistance if the subject’s safety appears
to be at risk at any stage.
Ensure that the suspect is provided with an appropriate level of aftercare and
is constantly monitored by a qualified AOS/STG medic, until examined by a
registered Medical Practitioner.
3
When ever an eXact iMpact 40mm less lethal sponge round is deployed at
another person you must ensure your supervisor is notified as soon as
possible.
4
If it is necessary to hand the suspect over to a non AOS/STG member (e.g.
enquiry officer) it is the operator’s responsibility to ensure that the officer now
responsible is fully briefed on the circumstances to ensure appropriate after
care is provided and that the offender is seen by a doctor.
Supervisor’s actions
When notified of an operational deployment of the XM1006 round, the AOS/STG
supervisor or team leader must follow these steps once the area is safe and secure.
Step
Action
1
Attend the scene as soon as possible and ensure proper aftercare and any
appropriate medical attention has been provided. The responsibility of post
incident supervisor may be handed to another supervisor, AOS/STG or non
AOS/STG, if circumstances dictate. In these circumstances the sergeant /
senior sergeant now responsible must be fully briefed and the handover
formally noted.
2
If serious bodily harm or death is caused, follow procedures outlined in the
‘Police involvement in deaths and serious injury’ chapter of the Police Manual.
3
Preserve and photograph the scene when it is believed that this may be
necessary or relevant for subsequent enquiries.
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eXact Impact XM1006, Continued…
4
Determine whether the use of the XM1006 round was in accordance with this
chapter and the ‘XM1006 Manual of Operating Procedures’.
5
Ensure that the operator completes a Tactical Options Report.
6
Ensure the AOS callout report is linked to the TOR report.
Medical after-care and reporting
Operator actions, step 2 above refers.
Medical attention must be provided immediately if:
• the subject asks for medical attention
• in your opinion, the subject appears to be suffering from a medical condition pre-
existing or otherwise (e.g. exhibiting symptoms associated with excited delirium, or
symptoms associated with a mental health issue).
A medical report (Exact Impact XM1006 Medical Examination) and photos of the injuries
must be obtained and copies forwarded to the STG National Training and Development
Officer, PNHQ.
Monitoring whilst in Police custodyWhere a person is detained in custody after being shot
with XM1006 the arresting officer must endorse the charge sheet to indicate that the
prisoner must be:
• subject to a Health and Safety Management Plan for a Person in Custody (POL705)
• constantly monitored until examined by a Registered Medical Doctor
• monitored according to the Registered Medical Doctor’s advice.
Notification to Independent Police Complaints Authority
Consideration must be given to notifying the IPCA pursuant to section
13 of the
Independent Police Conduct Act 1988.
Reporting and investigating unintentional discharges of firearms
See the Police Manual chapter
‘Police firearms’ (Reporting and investigating unintentional
discharge of firearm).
Tactical Options Report and AOS Deployment Report
A tactical options report must be completed by the Operator before they finish duty in all
cases where the XM1006 round has been used.
(See
‘Reporting use of force/tactical options use’ in the ‘Use of force’ chapter)
Privacy Act and Official Information Act requests
If a request is made for exact impact data under the Privacy Act 1993 or Official
Information Act, forward the request to the Commander National Tactical Groups PNHQ
to action.
Death or serious injury
If death or serious injury occurs following the use of XM1006, an investigation must be
commenced.
In the case of a death after the deployment of the XM1006, the investigation must
include a forensic pathologist capable of carrying out a post mortem according to the
latest edition of the Complex Cases Section of the Code of Practice and Performance
Standards for Forensic and Coronial Pathologists.
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Document Outline