Watchdog calls for police to stop using Tasers on children in custody

A taser being discharged by an officer

Scotland's Children and Young People's Commissioner has called for police to stop using Tasers and incapacitating Pava spray on children in custody.

A new report from Nicola Killean's office found that between 2023 and 2024, Tasers were used 43 times against children in custody settings.

Sixteen of these incidents were against children with mental health issues, 12 against care experienced children, and 10 against children with a learning disability or autism.

Police Scotland said force was used proportionately, legally and only when necessary, but that it would consider the commissioner's recommendations.

Killean, who took up the role of children's commissioner three years ago, said children should be "treated first and foremost as children".

She said: "The police play an important role in maintaining public order and keeping people safe.

"Although there are some occasions when police will have to use force against a child, to keep the child or others safe, this must always be done using a rights-based approach.

"Every statistic is a real child who may have had a traumatic experience of being struck, or strip searched, or even tasered."

Her report reviewed Police Scotland data from 2023-24.

It found there were 262 incidents of a child being strip searched in police custody and spit hoods and bite guards were used on children 148 times, with 32 occasions taking place in custody settings.

Physical force without the use of a weapon - known as "empty hand" techniques - were used 1,313 times, including 641 times for restraint, 97 times as a strike, and 539 times to "takedown" a child.

Data gaps meant there was no recording of whether a child had a disability, unless related to Taser use, and most records also lacked specific details of a child's age.

This image shows the Children and Young People's Commissioner for Scotland Nicola Killean. She has a serious expression. She has blonde hair with a fringe and is wearing a green floral top.Children and Young People's Commissioner Scotland

In July Scotland became the first part of the UK to incorporate a UN charter on children's rights into law.

It requires all Scotland’s public authorities, including the government, to seek to protect children and young people’s rights and to consider them when making policy decisions.

The act also allows children and young people to use the courts to enforce their rights.

The commissioner said: "We must record details of the incident, and of the child – for example, their age, their ethnicity, their sex, and if they are disabled.

"Without recording and monitoring more thoroughly, Police Scotland can't identify and address if some groups of children are being impacted more than others."

Killean made 21 recommendations in the report which include improved data collection.

She also suggested the establishment of an independent working group to support Police Scotland in reviewing guidance and training against relevant human rights standards.

Proportionate and legal

Assistant Chief Constable Catriona Paton said human rights were at the heart at everything the force did, but said it would carefully review and consider the recommendations.

She added: "Our officers are required to respond to emergencies and crises and keeping people safe is an absolute priority.

"When the use of force is required, it is used proportionately, legally and only when necessary. Its use will be based on an assessment of the risk presented and other factors, including whether children are involved.

"The priority will be to ensure the safety of the individual as well as that of the wider public."

On the issue of data collection, she said: "The use of force by Police Scotland is transparent, subject to scrutiny and accountability and data is published every quarter."

A Scottish government spokesperson said: "Where children come into conflict with the law, it is vital that their rights are respected and appropriate protections are in place.

"Police officers do challenging work in often very difficult circumstances and they are bound by a code of ethics that sets out the importance of respecting human rights, including those of children."

Original source Watchdog calls for police to stop using Tasers on children in custody

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