Operational partnerships - Firearms incidents policy - post incident procedure (O12)

1. Summary of changes

1.1 The policy has been reviewed in October 2024 - no amendments to content.  

2. What this policy is about

2.1. This policy applies to all police officers and police staff involved in a shooting incident by police.

2.2. The purpose of this policy is to provide a force protocol post shooting incident in accordance with the Authorised Professional Practice Armed Policing 2014 (APP) and thereby support the welfare of all those involved and facilitate the investigation.

2.3. The term post incident is used to describe situations in which a shot or shots have been discharged by the police, or where an investigation into police action is to be conducted. As with post deployment procedures, these are also scalable. For example, the full procedure may not need to take place every time and will depend on the significance and consequences of the event.

Compliance with this policy and any linked procedures is mandatory.

3. Statement of policy

3.1. The policy for firearms incidents - post incident procedure will be formulated based upon the contents of the College of Policing, APP armed policing, post deployment.

3.2. Post incident investigations will commence in all situations where there has been a discharge of a weapon by the police (including those involving a conventional firearm or less lethal weapon or specialist munition), whether intentional or unintentional which has or may have:

• resulted in death or serious injury – these will be subject to mandatory referral to the IOPC, or another independent investigative authority (IIA)
• revealed failings in command
• caused danger to officers or the public

3.3. Cases which have revealed failings in command or have caused danger to officers or the public, or where it is in the public interest should be referred to the independent investigative authority, as a voluntary referral. If the above criteria are not met, the force should consider the proportionate application of these procedures, where appropriate.

3.4. Where firearms and less lethal weapons have been discharged by police officers, it is in the interests of the public, the police service and everyone involved in the incident, that subsequent procedures should be open and transparent, and that the integrity of all action can be demonstrated.

3.5. The Counter Terrorism and Security Act 2015 places a duty upon specified authorities (which includes the police) to ensure that their functions are discharged having due regard to the need to prevent people being drawn into terrorism. The contact which all officers and staff have with members of the public provides them with opportunities to identify concerns and trigger the appropriate prevent response to ensure their protection. It is essential that officers and staff understand the issues of radicalisation, are able to identify why people may be vulnerable to being drawn into terrorism as a consequence of it and how to obtain support for people who may be being exploited by radicalising influences (details are contained within the Prevent Duty and the Channel Duty). This policy has been reviewed and assessed that the CTSA duties could be relevant.

4. Implications of policy

4.1. Finance/staffing/training

4.1.1. The Chief Superintendent, Tactical Operations, must ensure the maintenance of the policy for post-incident procedure. They will ensure:

• the appointment and training/accreditation of officers and civilian employees to specific roles in order to effectively meet the needs of the post incident procedure
• that there is a standard operating procedure in place that are reviewed (annually) and exercised for effectiveness
• records kept of such review and exercise training
• guidance on post deployment found under SOP's

4.2. Equality Impact Assessment (EIA)

4.2.1. This policy has been assessed with regard to its impact on equality. As a result of this assessment the policy has been graded as having a low potential impact. The proposals in this policy would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion/belief or sexual orientation.

5. Monitoring and review

5.1. Responsibility for monitoring and reviewing the policy will be undertaken by the assistant chief constable for armed policing, through the Strategic Firearms Development Board.

5.2. This policy will be reviewed yearly with the next review scheduled to take place in September 2024.

6. Security

6.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

7. Retention and disposal of records

7.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.