RESTRICTED 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. RESTRICTED PAVa PROCEDURE Page 1 of 12 RESTRICTED 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. RESTRICTED PAVa PROCEDURE Page 2 of 12 RESTRICTED 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 PAVa PROCEDURE Page 3 of 12 RESTRICTED consulting the Professional Standards Directorate. 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. RESTRICTED PAVa PROCEDURE Page 4 of 12 RESTRICTED 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.