Toxteth (Use of CS Gas) (Hansard, 19 October 1981)

§ Mr. Whitelaw:

I have received from the chief constable of Merseyside a full report of the inquiry he has conducted into the use of CS against rioters in Toxteth in the early hours of 6 July this year. A summary of that report, which the chief constable has given to the Merseyside police authority, is being placed in the Library of the House. This statement also sets out the guidelines which will govern any future use by the police in England and Wales of CS and baton rounds for dealing with serious public disorder.

As to the use of CS in Toxteth on 6 July, I am in no doubt that in the circumstances which faced the police, the chief constable's decision to use CS—as a last resort—was necessary and justified. The police officers who had the responsibility of firing the CS did so in such a manner as to minimise the risk of injury occurring to members of the public as a result. All the known injuries were caused by "Ferret" CS cartridges fired from 12-bore shotguns, but in no instance were any such weapons aimed directly at individuals. These "Ferret" CS cartridges and the 12-bore shotguns were issued and used because at that time it was not known whether the other CS equipment available would be sufficient for all the officers deployed. The chief constable fully acknowledges that "Ferret" CS cartridges should not be used again to deal with public disorder.

The guidelines on the use of CS and baton rounds, which have been issued to chief officers of police, after consultation with the Association of Chief Police Officers of England and Wales, take particular account of the lessons to be learned from the use of CS in Toxteth. The guidelines cover the following points.

CS or baton rounds are to be used only with the express authority of the chief officer of police (or, in his absence, his deputy), under the direction and control of a senior officer whom

Assaults etc. by ethnic appearance of victim and attacker: 1977舑80
Metropolitan Police District	Number of offences
Ethnic appearance of victim
Ethnic appearance of attacker	White Skinned European	Dark Skinned European	Black Skinned*	Indian Pakistani	Chinese/Japanese	Arabian/Egyptian	Not Known	Conspiraciest舤	Total
1977
White	4,543	117	238	231	29	19	1	56	5,234
Coloured	1,391	93	484	198	20	19	0	7	2,212
Mixed gang	166	8	44	21	0	1	0	2	242
Not known	4,492	208	437	450	40	53	5	5	5,690
Total	10,592	426	1,203	900	89	92	6	70	13,378
1978
White	5,129	159	248	274	23	26	28	106	5,993
Coloured	1,419	115	508	172	23	28	17	19	2,301
Mixed gang	238	15	83	21	2	1	5	3	368
Not known	4,724	215	529	488	37	47	22	3	6,065
Total	11,510	504	1,368	955	85	102	72	131	14,727
1979
White	5,736	180	320	327	24	28	59	157	6,830
Coloured	1,523	111	496	205	17	35	29	26	2,442
Mixed gang	254	8	60	32	2	8	5	2	371
Not known	5,358	218	506	556	42	40	56	6	6,782
Total	12,871	517	1,382	1,120	85	111	149	191	16,425
1980
White	5,829	162	312	305	34	38	96	81	6,857
Coloured	1,509	102	481	216	27	31	28	12	2,406

32W he has designated as officer in charge, and by police officers who have been trained in the use of the equipment and know its characteristics.

CS or baton rounds are to be used only as a last resort where conventional methods of policing have been tried and failed, or must from the nature of the circumstances obtaining be unlikely to succeed if tried, and where the chief officer judges such action to be necessary because of the risk of loss of life or serious injury or widespread destruction of property. Wherever practicable, a public warning of their use is to be given.

Only CS equipment and baton rounds and riot guns of a type authorised by the Home Office may be used for these purposes. Nothing in the guidelines will affect the principle, to which section 3 of the Criminal Law Act 1967 gives effect, that only the minimum force necessary in the circumstances must be used. The degree of force justified will vary according to the circumstances of each case.