HC Deb 17 June 1998 vol 314 cc222-3W
Mr. Mitchell

To ask the Secretary of State for the Home Department if he will issue rules to police forces on the use of CS gas. [46014]

Mr. Michael

Any use of force is governed by section 3 of the Criminal Law Act 1967, which provides that a person may use such force as is reasonable in the circumstances in the prevention of crime, or effecting or assisting in the lawful arrest of offenders or suspected offenders. It must be remembered that the use of CS spray can prevent serious physical injury not only to police officers but also to bystanders and to the person who is being restrained. It is a form of force, but one whose effects are normally very short-term and transitory. Each individual police officer is responsible for his actions, and it is ultimately for the courts to judge whether the force used in any particular circumstances was reasonable. The Home Office has issued general guidelines to chief police officers on the use of CS grenades for dealing with serious public disorder. The routine carriage by officers of CS spray for self-defence is an operational matter and not something on which it would be appropriate for the Home Office to issue guidelines. Operational guidelines, copies of which have been placed in the Library, have been issued by the Association of Chief Police Officers.