Police use of force by Joanne Caffrey

Police Use of Force - it’s not as simple as you might think

BY JOANNE CAFFREY POLICE CUSTODY EXPERT WITNESS

2025-2026

JOANNE CAFFREY POLICE CUSTODY EXPERT WITNESS My main areas of work include: ·Deaths/injuries during police custody ·Use of force ·Drink and drug driving procedures ·Ligature deaths in custody units Officers are taught approved techniques with the aim of those being used if any use of force is justified, but in times of necessity an officer can resort to any reasonable justified tactical option for the purpose of selfdefence – whether trained or not.

POLICE USE OF FORCE – IT’S NOT AS SIMPLE AS YOU MIGHT THINK Police use of force must never be assessed purely as to whether or not the technique replicated the taught technicalities of the technique. Likewise, there is no list of ‘illegal’ techniques. In this article, I look at some of the practices and principles around use of force with detained persons. I have been engaged for over 500 cases, and the majority of my work is concerning police practices with detained persons from the point of arrest and throughout the police custody detention. I work throughout the UK and have also been engaged for cases in Ireland, Isle of Man and Gibraltar. All policing areas follow comparable practices.

I work within Criminal, Coroner/Fatal IN THE LAST FIVE YEARS, DR RUSH HAS

Accident Investigations, Public Inquiry COMPLETED NUMEROUS EXPERT REPORTS ON TOPICS INCLUDING THE cases FOLLOWING AREAS: and Gross Misconduct when

police use of force is one of the central themes of the person’s custody process.

Custody begins from the point of initial contact. I work with prosecution agencies[1] and Police Federation defence teams.

Any use of force by an officer should be the minimum amount of force necessary to accomplish the lawful objective concerned and must be necessary, reasonable and proportionate in the circumstances of that particular incident, as that officer honestly believes them to be. It may ultimately be for a court/tribunal to decide if they believe the officer’s account.

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Use of force must never be viewed either solely as a technique or based upon the injury sustained. Perfectly performed techniques may still be unnecessary, disproportionate and unreasonable in the circumstance.

[1] Prosecution Agencies include Professional Standards Departments, CID, IOPC, PONI, Scotland Crown Procurator & Fiscal Services, National Crime Agency. technique may also cause injury. An

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cons’ for various tactical options. For

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process or is it a safeguarding process

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example, is the officer’s contact with the m H person one of a Criminal Justice arrest for a person needing to be taken to a place of safety for their own protection, or a joint process?

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injury does not mean the technique was

‘Neutralising the threat’ would be

wrong or disproportionate, likewise the

forefront of most police officer minds.

lack of injury does not mean the

Police officers are taught to neutralise

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proportionate.

the threat and officers are often required an m to make dynamic decisions in minimal

It is always for the officer to justify any

time. However, the use of force must

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national decision-making model (NDM).

INCLUDING THE FOLLOWING AREAS: can clearly TOPICS available; likewise, an officer

Impact factors, warning and danger

make a pre-emptive strike without

signs must be considered. For example,

having to wait for the subject to attack

the exact same words and behaviour can

them first.

be demonstrated from an 80+ year old

Officers must be able to account for why

technique was necessary and

O

M use of force based upon perceived threat never be the ‘go to’ first option when IN THE LAST FIVE YEARS, DR RUSH HAS other less injurious tactical options were as and risk, alongside the use of the COMPLETED NUMEROUS EXPERT REPORTS ON

with limited mobility as a 30-year-old 6- they chose a particular course of action, and, in some cases what other options foot-tall muscular trained ex-soldier.

Capability and intent of the subject must may have been available and why these were not chosen. The National Decisionalways be considered, where possible.

Both of these subjects can use the same

Making Model (NDM) and the THRIVE[1]

words “I will kill you” with potentially

assessment assists with this process.

different impacts on the officer. The 30year-old subject is more likely to be a

[1] THRIVE: Threat, Harm, Risk,

higher threat than the 80+ year old.

Investigation, Vulnerabilities,

However, both in possession of a knife

Engagement plan.

could be considered a comparable threat.

The officer’s legitimate policing purpose must always be considered to ensure proportionality remains a central

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.

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A perfectly performed technique may

Knives. If there is reason to believe that a

still be unnecessary and unjustified, and/ subject may have a knife or other bladed or not the least amount of force

weapon on them, the officer does not

available. An untrained technique may be have to wait for the knife to be produced used which is considered necessary and

in order to consider this a high threat

justified in those circumstances at that

incident and a potential aggravated

time. All relevant information, and use of resistant subject. This is part of the NDM force response, must be considered in

process and assessment of reasonable

the circumstances. This includes staff

tactical options available to them.

actions/inactions from the moment a call Significant impact factors can be based for service is received as all staff

upon the environment in which force is

decision making should be based upon

considered for use, for example whether

threat, harm, risk, investigative response it is in a public place or a secure custody required, vulnerability and established

unit. Currently the use of force within

initial engagement plan, alongside of the secure police custody units is a topical National Decision-Making Model (NDM). debate, and one which I want to focus The control room staff have a significant upon in this article. role to play in this initial stage of the

Prior to arrival at the secure custody

NDM as their passing of information

unit, the person should have been

butLAST this does not provide IN THE FIVE YEARS, DR RUSH HAS commences the risk assessment process. searched The control room Inspector (Force Incident Manager) has a designated

COMPLETED NUMEROUS EXPERT REPORTS ON

definitive information that no weapon is TOPICS INCLUDING THE FOLLOWING AREAS: concealed. A further search will always

coordination role to perform for high

be conducted at the unit as standard

level threat incidents such as weapons.

Officers need to work effectively as a

practice.

team with the application of effective

that “Any

The police custody Expectations[1] state

conflict management skills and use of the [1] These factors have a crucial impact NDM to consider options and

on the decision-making process and

contingencies within dynamic and

significantly, the time available to make

rapidly evolving incidents. Physical

those decisions and process ‘pros and

techniques for minimising injury is a

cons’ for various tactical options. For

core primary principle for officers, but it example, is the officer’s contact with the is for the officer to justify what they

person one of a Criminal Justice arrest

honestly believed were viable tactical

process or is it a safeguarding process

options within the individual

for a person needing to be taken to a

circumstances that were presenting, in

place of safety for their own protection,

order to achieve the desired lawful

or a joint process?

objective(s) with the minimal amount of force, minimising injury, whilst safeguarding the subject, themselves and

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Neutralising the threat’ would be

he control room Inspector (Force

forefront of most police officer minds.

Incident Manager) has a designated

Police officers are taught to neutralise

coordination role to perform for high

the threat and officers are often required level threat incidents such as to make dynamic decisions in minimal

weapons.Officers need to work

time. However, the use of force must

effectively as a team with the application

never be the ‘go to’ first option when

of effective conflict management skills

other less injurious tactical options were and use of the NDM to consider options clearly available; likewise, an officer can and contingencies within dynamic and make a pre-emptive strike without

rapidly evolving incidents. Physical

having to wait for the subject to attack

techniques for minimising injury is a

them first.

core primary principle for officers, but it

Officers must be able to account for why

is for the officer to justify what they

they chose a particular course of action,

honestly believed were viable tactical

and, in some cases what other options

options within the individual

may have been available and why these

circumstances that were presenting, in

were not chosen. The National Decision-

order to achieve the desired lawful

Making Model (NDM) and the THRIVE[1] A perfectly performed may assessment assists withtechnique this process.

objective(s) with the minimal amount of

or not the least amount of force

the public.

IN THE LAST FIVE YEARS, DR RUSH HAS

force, minimising injury, whilst COMPLETED NUMEROUS EXPERT REPORTS ON

still be unnecessary and unjustified, and/ safeguarding TOPICS INCLUDING THE FOLLOWING AREAS: and the subject, themselves available. An untrained technique may be used which is considered necessary and justified in those circumstances at that time. All relevant information, and use of force response, must be considered in the circumstances. This includes staff actions/inactions from the moment a call for service is received as all staff decision making should be based upon threat, harm, risk, investigative response required, vulnerability and established initial engagement plan, alongside of the National Decision-Making Model (NDM).

The control room staff have a significant role to play in this initial stage of the NDM as their passing of information commences the risk assessment process.

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The police custody Expectations[1] state that “Any force used in custody is lawful, necessary and proportionate, used as a last resort and subject to robust accountability. It is carried out by

trained staff using approved techniques.”

The indicators for this include: ·“All staff are trained in de-escalation techniques and seek to avoid using force on detainees where possible, especially those who are children or vulnerable adults” ·“no more force and for no longer than is necessary and proportionate” ·“Force is avoided for the removal of Knives. If there is reason to believe that a

clothing from detainees because of risks

subject may have a knife or other bladed

of self-harm. Other ways of managing

weapon on them, the officer does not

these risks are considered and force is

have to wait for the knife to be produced

only used as a last resort. Use of force

in order to consider this a high threat

IN THE LAST FIVE YEARS, DR RUSH HAS within custody suites, and the control

incident and a potential aggravated

and restraint equipment used, is TOPICS INCLUDING THE FOLLOWING AREAS:

resistant subject. This is part of the NDM

COMPLETED NUMEROUS EXPERT REPORTS ON

documented within the individual

process and assessment of reasonable

custody record. A separate ‘use of force’

tactical options available to them.

form is submitted by each officer/staff

Significant impact factors can be based

member involved that clearly explains

upon the environment in which force is

what happened and why force was used”

considered for use, for example whether

·“When force is used on detainees, their

it is in a public place or a secure custody

health needs are considered and they are

unit. Currently the use of force within

examined by an appropriately qualified

secure police custody units is a topical

healthcare practitioner if necessary.

debate, and one which I want to focus

Where a detainee asks to see a healthcare

upon in this article.

practitioner this is arranged promptly.”

Prior to arrival at the secure custody

·“Any use of force or restraint on a child

unit, the person should have been

should be a last resort, and take their age

searched but this does not provide

into account. When force other than

definitive information that no weapon is

compliant handcuffing is used, children

concealed. A further search will always

are always examined promptly by an

be conducted at the unit as standard

appropriately qualified healthcare

practice.

practitioner” ·

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·“Use of force incidents in custody are

For example, a complaint is made for

recorded accurately and reported into

excessive use of force which has caused

the governance structures. There are

some injury. Officers are served Gross

quality assurance arrangements to show Misconduct papers. The truth of what that the force used was lawful and

occurred is on that footage, which in

proportionate.”

many of my cases has now been

Each police area custody provision is

destroyed. This makes it equally difficult

assessed against this criteria within

for a detainee to demonstrate their case

every 7 years, and most forces within the and for officers to defend themselves.

UK are identified with issues concerning One month retention is a significantly their use of force which include the lack short period of time for any PSD or legal of governance and oversight of use of

team to be aware of, prepared for, and

force being inadequate, the lack of

seeking retention of the digital footage.

custody record entries justifying the use Use of force to remove clothing. I of force, the lack of use of force

sometimes see ligature cutters being

submissions, the lack of preserved

used in cells to remove clothing from

digital evidence from the custody CCTV

detainees considered being at risk of

and officer body worn video (BWV); and

self-harm, but not actively self-harming.

force being used against detainees when Firstly, a ligature cutter is an emergency other tactical options were readily

IN THE LAST FIVE YEARS, DR RUSH HAS rescue device for ligature incidents and

available and not considered or

TOPICS FOLLOWING AREAS: should not beINCLUDING used inTHE these

COMPLETED NUMEROUS EXPERT REPORTS ON

attempted. College of Policing states: “A circumstances. The custody expectations custody office is a controlled

state that: “other ways of managing these

environment and the overriding

risks are considered and force is only

objectives should be to avoid using force used as a last resort” such as level 3 or 4 in custody.” And “Custody officers

observations regimes. The flip side of

should manage their environment so that this point is I do sometimes see a situations where the use of force may be detainee has been restrained on the cell necessary are de-escalated.”

floor and had their clothes torn from

Digital footage retention. Police forces

them on the justification they are a self-

are typically now destroying digital

harm risk. This being the case they must

footage from custody CCTV and BWV

be afforded a level 3 or 4 observation

after 1 month. When I deal with a death

care plan as they are considered a

in custody the footage is available as it

heightened level of risk through self-

has been immediately seized and

harm/suicide. Level 3 and 4 mandate the

preserved. The problem is typically for

involvement of the Healthcare

all other use of force cases.

Professional (HCP) for a clinical and forensic assessment which will include

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the mental health screening assessment

The Expectations require all booking in

and an appropriate adult assessment, as

procedures to be covered by CCTV. The

there are reasons to suspect the person is Expectations state: “Detainees’ risks are mentally vulnerable. What I often see is

identified at the earliest opportunity and

the detainee has their clothing torn from

managed effectively.” [ 4 ] The initial risk

them and then they are placed on a level 1 assessment upon arrival at the custody or 2 regime and no HCP assessments, no

unit should consider the circumstances

appropriate adult assessment, and no use of the arrest and any relevant physical/ of force forms submitted.

mental health issues/vulnerabilities that

They then proceed to be interviewed,

the detainee may have. [ 5 ] It is the custody

having been considered fit to be

officer’s responsibility to identify what

interviewed without an appropriate

may indicate [ 6 ] risk and how to eliminate

adult.

or mitigate that risk. Use of force is a

Restraints in cells. These should be a

risk, and the custody officer must

rarity and only in extreme cases. If a

manage that use of force risk. Detainees

detainee is such a high level of risk that

experiencing the effects of alcohol,

they require mechanical restraints in a

drugs, a mental health condition or a

cell, they require level 4 close proximity

medical condition are particularly

observation, the HCP involved, and

vulnerable to the impact of being

considered arrangements for onward

IN THE LAST FIVE YEARS, DR RUSH HAS restrained.

The custody officer can

movement to medical facilities.

INCLUDINGof THE FOLLOWING AREAS:as direct TOPICS the removal the restraints

Who is in charge of the use of force? I do

everything which occurs to that detainee,

hear confusion displayed by custody

in that unit is within the responsibility of

officers and other staff concerning who

the custody officer. Likewise, the

decides when restraints come off. It is

escorting officer may remove the

the responsibility [ 1 ] of the custody officer

handcuffs upon arrival within the

to ensure that any detainee is treated in

custody unit before presenting the

compliance with PACE, Authorised

detainee to the sergeant. If use of force

Professional Practice and the

occurs within a custody unit it may be

Expectations. The custody officer is to

what is referred to as a ‘cell relocation/

remain impartial from any

extraction’ technique.

investigation [ 2 ] . The custody officer must open the custody record [ 3 ] and they are responsible for the accuracy of that custody record.

COMPLETED NUMEROUS EXPERT REPORTS ON

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The cell relocation/extraction technique. asthma or heart problems, so that This has been a common factor within my detainees can be effectively monitored deaths in custody cases. Multiple staff

throughout. The assistance from the HCP

using force against a believed violent

may be required for clinical advice.

subject who is carried and/or pinned to

·In a pre-planned relocation using a

the cell floor in prone position. I have

specialist team, such as TSG, the team

personally been the custody sergeant for supervisor is responsible for the tactics many such incidents. What should occur of the procedure and team management, is:

but the custody officer retains

·The custody sergeant should not be

responsibility for the welfare of the

hands on in this use of force. Their role

detainee during the use of force.

is to supervise the process, to safeguard

·Taking into consideration the size of an

the detainee. The College of Policing

average cell the team would normally be

states: “The custody officer should

made up of three or four officers, with

supervise all cell relocations and avoid

the custody officer responsible for

becoming physically involved by

supervising and the cell door. Each

ensuring sufficient staff are available.

member of the team has specific tasks

Where an immediate relocation is

which they should be fully aware of prior

necessary, it may be impractical to wait

to undertaking their role if time permits.

for additional staff. The supervisor is

IN THE LAST FIVE YEARS, DR RUSH HAS ·The officer closest to the head of the

accountable for the way in which the

TOPICS INCLUDING THEofficer.

FOLLOWING AREAS: detainee is the safety Commonly

incident is managed, but the safety

referred to as number 1 or head officer.

officer and all other officers and staff

They must conduct regular vital signs

involved have a responsibility to be

checks of the detainee and coordinate the

aware of any signs of distress and

officers involved.

trauma.”

·This should be a fast-moving use of

COMPLETED NUMEROUS EXPERT REPORTS ON

·If time permits the justification must be force to minimise prolonged restraint, recorded on the custody record and

and to get the officers out of the cell.

officers involved must be informed of the ·Communication between the officers risks and movement plan. Where it is

and with the detainee is crucial.

necessary for officers to restrain

·The safety officer and custody officer

potentially violent or disturbed

must observe for any risk factors such as

detainees, it is important that the

pressure being placed upon the torso of

officers are properly briefed on any

the detainee, signs or sounds of

known condition, the warning signs and

respiratory distress or other medical

risk factors for the subject. It is also

emergency.

necessary to have prior knowledge of any · relevant medical conditions such as

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Breathing must be assessed against normal/not normal breathing – and not purely upon whether or not there are sounds of breathing. ·Once all officers are out of the cell, they must not all walk away without being satisfied that the detainee is safe and well. An officer should be left at the cell door monitoring the detainee to satisfy themselves that the 4Rs are achieved. The 4Rs are: (1) Rousability, (2) Respond verbally, (3) Respond physically and (4) Remember to look for the presence of specified illness and injury. Where a detainee fails to meet the 4Rs an appropriate HCP or ambulance must be called. ·Consider use of the HCP for forensic IN THE LAST FIVE YEARS, DR RUSH HAS and clinical assessments.

COMPLETED NUMEROUS EXPERT REPORTS ON TOPICS INCLUDING THE FOLLOWING AREAS:

There are many factors involved in police use of force, and every incident must be assessed on its own individual circumstances. I provide expert witness services and training regarding police custody practices and principles.

Joanne Caffrey Police Custody Expert Witness M: 07528800720 E: joanne_caffrey@sky.com