Legislative Council
9 February 1999  
 

 
POLICE, CAPSICUM SPRAY

In reply to Hon. IAN GILFILLAN (25 November 1998).

The Hon. K.T. GRIFFIN: The Minister for Police, Correctional Services and Emergency Services has been advised by the Police that the current defensive spray policy does not evolve from funding restrictions but is part of a staged transition process (involving continuous evaluation) between its initial 6 month trial (involving about 600 members) and providing training and access to all operational patrol crews.

Defensive spray must not be used against persons merely offering passive resistance (e.g., hanging limp or simply refusing to comply with instructions). Nor is it a panacea for dealing with all violent situations and issues such as health and safety for all involved need to be carefully assessed. It is important to appreciate that the South Australia Police have been one of the lead agencies with respect to the use of defensive spray technology by general duty police officers within Australasia. A short history of that transition process will place the issue into proper perspective.

The SAPOL Special Tactics and Rescue (STAR) Division along with similar specialist units within Australasian Police Services have utilised various types of defensive spray for non lethal response to violent incidents since the early 1990s. This technology has been widely used by European and American Policing Services since about 1974.

In early 1996, in response to public concern over police shootings, Victoria Police became the first in Australia to trial the use of Oleoresin Capsicum (OC) defensive spray with a small number (about 80) of uniform General Duty Supervisors. Also in 1996 the Senior Executive Group (SEG) of the South Australia Police decided to implement a wider usage of defensive spray, when it became aware that various forms of chemical munitions, eg. to repel attacking dogs, were already being carried by SAPOL police officers. The relevant policies and training course were researched, prepared and approved and an OC Spray Medical Data Sheet was distributed to all public hospitals and St John ambulance centres by the South Australian Health Commission.

The SEG then decided that a limited SAPOL trial in the extended use of defensive spray (to 600 nominated uniform general duty members) should be conducted from the 1st January to the 30th June 1997. Both the Police Association of South Australia (PASA) and the SAPOL Occupational Health, Safety and Welfare Committee were consulted on the conditions of the trial, which excluded the carriage and usage of defensive spray by trained members of STAR Division in accordance with existing policy.

Members Authorised to Use Defensive Spray for the Purpose of the Trial

Northern and Southern Commands

× Command Response Divisions—Senior Sergeants, Sergeants and Senior Constables acting as Team 2ICs.

× Patrol Members—Sergeants and Senior Constables acting as Team 2ICs

× Members performing prisoner management duties at significant Prisoner Reception Centres—Sergeants, Senior Constables and Constables

× Police Stations—Three Uniform Members or Less—All members

Operations Support Command

× Transit Division—All members of Sergeant rank and below, (1 canister per crew)

The selected categories of members was a practical compromise incorporating the following needs:

× Carriage by experienced NCOs would ensure responsible usage and provide a ready backup support for operational patrols.

× Carriage by all members of small (mainly remote area) stations recognised their need to work solo without immediate support.

× Access by all prisoner reception staff recognised occasions when no NCO was rostered on duty (particularly in country areas).

× Carriage by members of Transit Division (foot patrol—1 canister per crew) recognised the unavailability of immediate mobile support, together with the need to trial the use of various belt mounted defensive spray canister pouches.

The Senior Executive Group subsequently approved the recommendations made in a comprehensive trial evaluation report, which included legal opinion and considerations from the 1997 report by the National Police Research Unit National minimum guidelines for incident management, conflict resolution and use of force.

In order to protect its members and enhance public safety, the South Australia Police do not normally disclose operational tactics. However, recommendations relevant to the question asked by Mr Gilfillan include:

× Three types of defensive spray, `Burst' (mobile patrols), `PepperFoam' (significant prisoner reception areas) and `Streamer' (Transit Division), should be utilised where their specific attributes are most effective, rather than the `one type fits all' approach.

× No incident required usage of more than one canister and that this typically consisted of one or two, short (one or two second) sprays. If the initial deployment was ineffective, other tactical options should be utilised.

× It was felt that there was significant additional potential for unintentional debilitation of other police and bystanders to occur should all patrol members carry the `Burst' unit canister. Effective incident management was essential.

× One canister per crew (each member already carried a radio, firearm and baton) would also enable a rationalisation of the number of items (and weight) already carried on the accoutrement belts of operational members.

The training program specifically included the separation of roles and responsibilities of assisting members from those actually deploying the defensive spray.

Current Situation

As part of a secondary stage of implementation, usage of defensive spray has been extended to the following operational members:

× Country Members Not Posted to a Divisional Headquarters. (This includes larger stations such as Marla, Coober Pedy and Ceduna)

All members (one canister per crew)

× Country Divisional Headquarter and Metropolitan Uniform members—

Sergeants and any members acting as team 2ICs.

The training of members in Country Divisions was completed in November 1998 and an evaluation report is being prepared on the country area defensive spray policy, training and usage. Should this report support the adequacy of the existing SAPOL processes, it is anticipated that the Commissioner of Police may authorise the extended carriage of defensive spray, to one canister per crew for all operational patrols. Training of members in the metropolitan area is due to commence in mid December 1998.

  
  
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