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PAVa PROCEDURE
This procedure is part of North Yorkshire Police policy to which all personnel are required to adhere.
PROCEDURE STATEMENT
Pelargonic Acid Va nnilylamide (PAVa) is a naturally occurring product, closely related to the principle compound responsible for the pungency in chilli peppers. It is used as an incapacitant in various European countries. Trials concluded that PAVa is an effective incapacitant, forcing the eyes shut and, in terms of eye irritation, is 100 times more potent than CS spray. It does not affect the respiratory system, although may induce a coughing reflex. There may also be a slight sensation of heat to the facial skin which should quickly disappear. There is no medium or long-term affect, and little likelihood of cross contamination even when sprayed at close quarters.
North Yorkshire Police (NYP) adopted PAVa spray with effect from 1 st April 2006.
PAVa Spray is classed as a Section 5 prohibited weapon under Firearms legislation. Security and restriction on access to stocks is of vital importance. Only officers who have been appropriately trained and authorised will carry PAVa spray
The purpose of this procedure is to provide NYP Officers and Police Staff with guidance on the procedures to be followed in connection with the receipt, storage, distribution and disposal of PAVa Spray canisters. It does not cover training or operational use, nor does it cover local arrangements for personal issue/replacement.
Appointed Directorates/Safer Neighbourhood Commands (SNCs) and individuals within Directorates/SNCs will have responsibility for managing stocks of PAVa on behalf of the Chief Constable. This is to ensure that there is a full auditable account for all PAVa canisters from initial receipt through to disposal and that the handling of canisters by Officers within the Force area is carried out in accordance with this procedure.
PAVa Spray will be issued by an officer holding at least the rank of Sergeant. Other individuals handling stocks of PAVa Spray in quantities larger than individual issue must be authorised to do so by the Chief Constable.
Police officers or Force orderlies may collect boxed PAVA from the force armoury for issue to Districts, and may deliver used/damaged PAVA from Districts to the Force armoury.
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LINKAGES Overarching Policies:
Procedures: Safety Training Attendance Procedure
Other Documents: APP Armed Policing
PROCESS PAVa Spray will only be issued to those officers who have undergone training in its use. The training of officers in the use of PAVa Spray will be a rolling programme.
Ordering, Receipt, Storage and Issue
Ordering Stocks of PAVa Spray canisters will be delivered by special courier directly to the Firearms Training Armoury at Tadcaster Police Station.
Stocks will be checked by the Force Armourer and recorded within a PAVa Spray Receipt Book, that details the quantity, individual serial numbers and batch expiry date.
The Armourer will retain an emergency stock of 250 canisters at Tadcaster.
PAVa Spray can be delivered to dispersal points by an authorised member of the Firearms Training Department. Alternatively, stocks can be collected by a suitably authorised representative from a Directorate/SNC. Change to: Stocks of PAVa spray can be collected from Firearms training department by prior arrangement with the Armourer, and taken to stations on district by a suitably authorised representative In either case, the transfer of stocks must be accounted and signed for.
The following locations have been identified as the force issuing and disposal points: • York • Selby • Scarborough, Whitby, Malton • Northallerton and Richmond • Harrogate • Skipton
Each District will appoint a PAVa Custodian to oversee the issue, storage, return, record keeping and use of PAVa. The nominated person will be of Sergeant or Inspector rank at the discretion of the District Commander.
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The Duty Sergeant will be responsible for issuing PAVa Spray in their respective district.
Discharged PAVa Spray canisters will be retained temporarily by districts. When a minimum of 50 discharged canisters have accrued, they will be returned to the Force Armourer at Tadcaster who will then order new stock on the number of returned canisters in order to continually retain an emergency stock for the force.
Storage SN Commanders will ensure that sufficient storage facilities are provided for the PAVa Spray canisters when they are not being carried by officers engaged on operational duties.
The storage facilities must comply with the following: - • Incapacitant Manufacturers’ guidelines • Health & Safety at Work Act 1974 • Management of the Health & Safety at Work Regulations 1999 • Control of Substances Hazardous to Health Regulations 2002
Two storage facilities will be used • One for the new unused canisters • One for the returned/ damaged/used canisters
Issue Both initial issues and re-issues will follow this procedure.
The PAVa issue register books are distributed to the PAVa custodians. It is essential that the issue, use and replacement of PAVa Spray is recorded accurately and that all records are auditable. In order to ensure errors do not occur and that each and every canister is traceable, the issue to officers must be personal. The requirement to account for every canister and demonstrate effective auditable records is a high priority. PAVa Spray is classified as a firearm by Section 5(1)(b) of the Firearms Act 1968.
Issue Registers have carbonating sheets. On completion of each page of a register, the blue copy must be forwarded to the Force Armourer at Tadcaster. The white copy remains in the register.
Completed registers will be retained by respective district Business Managers in accordance with the Retention Policy – Records, Registers and Master Tapes
A PAVa canister that has been used operationally will be removed from circulation. Officers will enter the canister as an exhibit in a Property Other Than Found (POTF) register that has been identified specifically for this purpose. The canister will be sealed in a plastic bag and stored in the used PAVa safe. Officers taking initial complaints from members of the public about the use of PAVa are responsible for endorsing the POTF sheet to the effect that it is subject of complaint and not for disposal without first RESTRICTED
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The PAVa canisters will remain an exhibit as long as there are live proceedings.
It is emphasised that the issue of PAVa Spray must only be carried out at stations identified within this Procedure and not at any other police location. PAVa Spray is personal issue and must be taken with the officer when he/she transfers to another police station. In exceptional circumstances i.e. where the distance between the two stations is deemed too far, the officer may return the old canister at the station they are leaving and obtain a new issue at the new station. Any used canisters must be returned to the NYP Armoury at Tadcaster.
To ensure that there is an audit trail for each issued canister, when a page in the Issues Register is complete, the Blue copy must be removed from the register and forwarded immediately to the Force Armourer at Tadcaster.
Canisters which have become time expired will also be returned via the issuing station.
Student Constables
PAVa Spray will only be issued to Student Constables after they have been posted to their respective stations, and not whilst under initial training.
Usage When a PAVa Spray canister is discharged during the arrest of a prisoner, the officer will request a replacement canister as soon as practicable at the police station to which the prisoner is escorted. If no prisoner is taken, then a replacement canister will be requested through the officer’s line manager. In every case this Force procedure will be adhered to in regard to issue and record keeping.
Transport When in transit, PAVa Spray will always be escorted by a police officer, NYP Armourer Force orderly
Dog Handlers Dog Handlers who are not on duty will store their PAVa Spray in the PAVa Spray locker supplied for personal use and fixed securely at their home address.
Disposal
Disposal of PAVa Canisters
The Force Armourer will dispose of PAVa canisters according to approved manufacturers’ guidelines
Spillage The PAVa spray is a bio-degradable substance which does not require specialist services to deal with any spillage.
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Replacement After Use Where any amount of PAVa spray incapacitant is discharged, the officer to whom it was issued will replace it according to this Force procedure. This will be done as soon as reasonably practicable and in any case before the end of the shift during which the discharge occurred.
Replacement canisters will be issued after a PAVa Spray had been used in an operational situation, or when the shelf life of the canister is reached or if a canister is damaged.
Used/damaged/time expired canisters must be returned to the manufacturers for destruction via the Force Armourer at Tadcaster.
Seizure of Used PAVa Canisters When any PAVa is discharged, the canister must be seized by a supervisor and appropriate records made on Force Form 275, and ensure a use of force reporting form is completed.
Canisters must be retained either locally or at the Force Armoury at Tadcaster in a secure area or secure locker provided for that purpose.
Unless the canister forms part of any criminal, civil or disciplinary proceedings, it will be retained for at least one year. If the canister forms part of any criminal proceedings, it will be retained until such time as its disposal has been authorised by the Crown Prosecution Service (CPS).
If the canister forms part of any civil proceedings, it will be retained until such time as its disposal has been authorised by the Force solicitor. In disciplinary cases a canister will not be disposed of until authorised by the Professional Standards Directorate.
Enquiries into Discharge of PAVa The supervisor seizing the canister from which PAVa was discharged will enquire into the circumstances of the discharge. The Force procedure on Police Misconduct and Unsatisfactory Performance will be followed if there appears to be evidence of misconduct or unsatisfactory performance. If it is thought necessary, supervisors should offer advice on the Occupational Health facilities available in Force.
Police Tactics
Hospitals and Other Institutions Whilst the likelihood of cross contamination is extremely unlikely, officers should try to avoid the use of PAVa spray at hospitals, institutions (e.g. mental health care units) and any other public buildings where the balance of risk allows.
Should time allow, officers should liaise with the management of such locations and inform them of the consequences following the discharge of spray.
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Breath Test Screening PAVa spray contains ethanol, which is known to affect breath-screening instruments. Any person contaminated with PAVa Spray should be requested to wait for a minimum period of 30 minutes before they provide a screening breath specimen.
Evidential Breath Testing Use of the spray in the vicinity of any evidential breath testing device or any persons about to provide evidential breath specimens should be avoided if possible. It is possible for the PAVa Spray to contaminate the immediate environment of such a machine thereby causing the device to fail to calibrate. Should it be necessary to use the spray in the vicinity of a device, the room must be well ventilated until such time as the device resumes a normal reading. Persons who are about to provide evidential breath samples and who have been exposed to PAVa spray must wait 20 minutes before the sample is provided. Police officers who have been exposed to, and possibly contaminated with PAVa Spray must wait a minimum of 20 minutes before becoming involved in the taking of breath samples.
Use of PAVa on Dogs PAVa Spray is effective on dogs, however officers must consider the national decision model at all times. PAVa spray must only be used when all other options, for example assistance from a dog warden, have been considered.
Operational Briefings Where crowds are expected, the officer in charge of an operation must ensure that all operational briefings, including those for football matches and public order situations, draw particular reference to the use of PAVa Spray. The briefing will highlight the density of crowds, the proximity of other people to those sprayed, and the risk of adverse or spontaneous crowd reaction.
The operational briefing will also draw reference to the individual responsibility placed upon officers, to the liabilities placed upon them, and to any subsequent legal proceedings.
Decontamination Where people, police vehicles or equipment have been contaminated by the discharge of PAVa Spray, the following decontamination procedures will be applied: • If a person contaminated with PAVa Spray shows any adverse reactions, immediate medical assistance must be obtained
People taken into custody must be issued with the notice Information Sheet for Persons Sprayed with PAVa Incapacitant. See Appendix A
If people or property other than that in the custody or charge of the police are contaminated, the officer discharging the PAVa will ensure that owners/occupiers/ person(s) in charge of the property receive information on how to decontaminate it. All such people will be issued with the notice Infromation Sheet for Persons Sprayed with PAVa Incapacitant – See Appendix A
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Medical Assistance Police personnel will ensure that if a person is contaminated with PAVa spray or is injured as a result of use of any other equipment, appropriate medical attention is provided in accordance with the Police and Criminal Evidence Act (PACE) 1984 Codes of Practice.
If a person sprayed with PAVa shows any adverse reactions, immediate medical assistance must be obtained. If the subject is having difficulty resuming normal breathing, the provision of medical assistance must be given precedence over conveying the subject to a police station . Persons subjected to PAVa spray must be carefully monitored from the time of spray until the effects of the spray have worn off. PAVa Spray may have an increased effect upon people who wear contact lenses. This will be covered as part of the Custody Standard.
Prison Visits Officers are currently not allowed to carry PAVa Spray or batons at prison establishments during prison visits. They should not be taken when conducting such a visit.
Any officer carrying PAVa Spray or a baton will declare this fact on reception at the establishment and will hand the equipment over to an identified prison officer for safekeeping until it can be collected on leaving the establishment.
Before giving up control of the PAVa Spray to the prison officer, the police officer will first ensure the PAVa Spray is either sealed in an exhibits bag with a plastic cable-tie,or that it is locked inside a special locker to which the police officer is given the key.
RESPONS- IBILITIES
DEFINITION OF SPECIAL TERMS
COMPLIANCE The following areas have been considered and their impact assessed when writing this AND procedure: LEGITIMACY Legal Basis
The legal basis in which the procedure is to operate can be found in: • Health & Safety at Work Act 1974 • Management of the Health & Safety at Work Regulations 1999 • Control of Substances Hazardous to Health Regulations 2002
The Human Rights Act 1998 creates ‘Convention Rights’ which Legal and Risk are set out in Section 1 (1) of that Act. They are rights drawn Legal Basis, from the European Convention on Human Rights and Fundamental Freedoms. RESTRICTED
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Risk Management and Insurance The provisions of this procedure are compatible with the ‘Convention Rights’ Information Compliance In application of this procedure, North Yorkshire Police will not Human Rights Act 1998 discriminate against persons on the basis of age, sex, race, Health and Safety Compliance colour, language, religion, disability, political, or other opinion, sexual orientation, nationality or social origin, association with (Linked to Health and Safety Risk national minority, property, birth, or other status as defined Assessment template) under Article 14, European Convention on Human Rights and Fundamental Freedoms (ECHR).
(Checked by Head of Legal & Date legal impact assessed: 04/03/2009 Compliance Services Directorate) Name: Simon Dennis
Date procedure reviewed: 17/08/2011 (Completed by procedure reviewer)
√ Tick if no major changes to procedure
Equality Analysis
This template must be completed for all NYP initiatives (i.e. policies, practices, projects, strategies, programmes). Guidance on completing an equality analysis can be found on the Diversity Subsite.
An Equality Analysis (EA) examines the impact that NYP’s policies, practices, functions and services have on people from the protected characteristic groups. Undertaking an EA will identify any potentially discriminatory or negative consequences as well as potential benefits ensuring that, as far as possible, everyone has an equitable experience of policing services.
The sections below should be considered from the perspective of race, disability, gender, religion or belief, sexual orientation, age, gender reassignment, marriage and civil partnership, pregnancy and maternity.
a) Identify the aims, objectives and intended outcomes of the initiative. All Police Officers and Special Constables are authorised to carry and use PAVA Incapacitant Spray. Once their initial training has been supplied, Officers must attend regular Officer Safety Training (OST) as defined by the Officer Safety Training Procedure.
The NYP PAVA Procedure provides a framework for the delivery of Incapacitant Spray Training. Effective organisational and individual performance requires the maintenance and enhancement of staff competence, which is in itself dependent upon effective, efficient, timely and relevant training interventions.
Stage 1 - Screening - Stage 1 b) Could any of the groups of people set out at d) be affected differently by the initiative e.g. in terms of access to a service, or being able to take advantage of proposed opportunities?
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Attendance to initial PAVA Training and then regular OST is a mandatory requirement for all Police Officers, Special Constables and specific Police Staff roles as defined in their Procedures. None of the groups of the people defined in Section (d) below will be affected differently by the application of this Procedure.
c) What research have you done? What information/data has been considered?
This Procedure is based on the current ACPO guidance in relation to the use of Incapacitant Sprays .
d) Following the assessment of available information/data, has a positive (beneficial) or negative (adverse) impact been identified? OR is the initiative equality neutral, i.e. no particular/minimal affect on any group? Give details on whom the initiative impacts and how. Positive Negative Neutral
(High (High (Low/no Details
Impact ) Impact) Impact) This Procedure applies to all Race X Police Officers, Special Constables and Police Staff
Gender X authorised to carry PAVA in
defined roles within NYP, in terms of a mandatory Disability X requirement to attend OST Religion or training. belief X Sexual X Training Services will monitor Orientation the delivery of OST training, X which includes the training on Age PAVA and will tackle any Marriage and issues that relate to Diversity Civil X aspects if they were to occur. Partnerships All trainers are qualified and Gender experienced to tackle issues X Reassignment if they arise in training.
On this basis, no further action is required.
Pregnancy X and Maternity
If the impact is eq uality neutral (i.e. no particular/minimal affect on any group) this should be noted and no further action is required. Where a potential impact (positive or negative) has been identified, further assessment is required to determine what changes may be necessary to either reduce the negative impact RESTRICTED
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or enhance the positive impact and sections e) to g) should be completed.
e) Consult with the groups you have at section b) Date of Outcome Consultation
N/A N/A
f) Decide what actions, if any, will be taken as a result of the analysis. Are there any specific factors which need to be taken into account?
Assessment
- N/A
g) Provide a report outlining the findings of the analysis process and the reasons for the Stage Stage 2 decision reached.
N/A
Date completed/reviewed: Equality Analysis carried out by: 15/03/2013 Rob Cook 30/08/2013 Insp Steve Breen Tick if no change to EA status For high impact EA only:
Date: Equality Analysis quality assured by:
APPEALS In the event an individual wishes to challenge a NYP Procedure they are initially invited to PROCEDURE address their concerns to the Chief Constable of NYP. If the matter is not resolved the following can be pursued. Any employee or member of the public wishing to challenge a NYP Procedure may do so through: • The courts, or • The regulatory body appropriate to the subject with which the procedure is concerned. Examples include the Independent Police Complaints Commission and The Information Commissioner
Additionally, any NYP employee wishing to challenge a NYP Procedure may also do so through the Grievance Procedure .
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DEVELOPMENT AND REVIEW
DEVELOPMENT C/Supt Andy McMillan – Specialist Director : Operations Director Supt A Smith Head of Operations & Author: Contingency Planning, Specialist Operations Directorate 16/02/2009 Extent of Consultation OPCU, Professional Standards (List all parties consulted) : Fire arms Department
IMPLEMENTATION Date In Force: 02/03/2009 Strategic Leadership Team Notified n/a (Meeting & Date):
REVIEW Remains in force until it is replaced Procedure Review Date: or April 2016 Equality Analysis Review Date: April 2016 Rob Cook, Lead Personal Safety Trainer, HR Training Services, HR Directorate Reviewer: Insp. Steve Breen, Firearms Training Department, Operations Directorate Supt Foster, Head of Operations Head of Unit Directorate Reviewed: (Version Control) 09/09/2013
COMMUNICATION This procedure will be communicated in the following ways:
Yes(Date) No Force-wide email Message of the Day Organisational Learning Bulletin In the Loop Daily Management Meeting (Cascade Briefing) Policies & Procedures Database Update 10/09/2013
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Appendix A
NORTH YORKSHIRE POLICE PAVA Incapacitant
INFORMATION SHEET FOR PERSONS SPRAYED WITH PAVA (PEPPER SPRAY) INCAPACITANT
You have been sprayed with 0.3% concentration of Nonivamide within a mixture of 49.85% water and 49.85 % ethanol, with a nitrogen propellant.
Nonivamide is a synthetic pepper derived from natural capsaicins. It is used in foodstuffs and also heat rub creams.
This may have the following effects:
A burning sensation around the eyes which may be accompanied by a burning sensation on the skin. These effects are temporary and should reduce and go away completely after a minimum period of 30 minutes.
After a minimum period of 20 minutes following exposure, once the eyes can be opened, the face and eyes can be splashed with cold running water which will aid the recovery process. Try to breathe normally and do not rub your eyes.
If symptoms persist, you should consult your doctor. Take this sheet with you.
Nonivamide will contaminate contact lens and it is suggested that, if sprayed with this incapacitant whilst wearing contact lens, you discard your lenses and use a fresh pair when you feel able to do so. If you have ongoing problems with your lenses, you should consult an optician. Take this sheet with you.
Nonivamide – Pelargonic Acid Vanillylamide. Listed in Martindale’s Pharmaceutical Register CAS No 2444-46-4
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