THE new police policy on the use of force will hold senior officers accountable for the actions of men under their command — a move the authorities hope will lead to a more judicious use of firearms and other forms of deadly force.

The police chief, Francis Forbes, said yesterday that the policy has been published in the Force Orders — the constabulary’s information bulletin — as part of a drive to make the police force more transparent and accountable.

“Supervisors will be held responsible if they know or should have known that the officers under their command have used force in an unlawful way and did not take all measures in their power to prevent, suppress or report such use,” Forbes said, in speech at the Haven of Hope Open Bible Church in August Town, St Andrew.

The major policy change is likely to be welcomed by rights groups who have, in the past, argued the need for such leadership accountability and who have criticised recent rulings, such as the case of the Braeton Seven, when, they said, low level officers should have been charged with murder over shooting incidents while commanders were not indicted.

Forbes’ speech was at a function at which the police high command signed a memorandum of understanding (MOU) with key constituents of the force in which all the parties pledged to work for the building of a better, more caring and professional constabulary.

Apart from the top leaders, the MOU was initialled by officials of:

* the Police Officers Association;

* the Police Federation;

* the Island Special Constabulary Association;

* the Island Special Constabulary Officers Association; and

* the United District Constables Association.

The signing of the MOU in August Town was symbolic for it represents a community that has been torn by communal violence but where community organisations, working with the police, have, over the past year, helped to reduce murders by a half and overall crime by 37 per cent.

“We are here because we know that we cannot achieve our goal of building a police force of which the Jamaican people can be proud if we do not have their input and co-operation,” Forbes said. “We are on a journey to win back the love and respect of the Jamaican people.”

Apart from unveiling the MOU and the new use-of-force policy, Forbes also disclosed that an anti-corruption policy and strategy will soon be published in the Force Orders.

The anti-corruption policy will include a mid-course review for all recruits, psychological evaluations, random drug testing and integrity tests. Additionally, integrity tests will also be introduced for promotions above the rank of sergeant and for assignment to sensitive areas within the police force.

Jamaican police kill around 150 people annually in what they often claim to be gunfights with criminals. However, critics and rights groups insist that a high proportion of the killings are extra-judicial executions.

Sympathisers point, though, to Jamaica’s high level of violent crime, including approximately 1,000 murders a year, several of which are cops. In fact, 16 police officers have been killed in the line of duty so far this year.

Jamaica has among the world’s highest per capita rates for murders, police homicide and the killing of police officers.

But stung by the criticisms of a gun-happy police force, Forbes this year instituted mandatory retraining of cops and a requirement for the annual recertification in the use of specific firearms. Technology, with US and British help, has also been updated at training ranges.

The new policy not only broadens the definition of the use of a firearm by a police officer to include pointing it at another person, but mandates the cop to inform of his intention of use.

“Police officers must identify themselves and give a clear warning that they intend to use their firearms,” Forbes explained. “They must allow sufficient time for the warning to be observed unless to do so would be inappropriate, pointless or would endanger themselves or members of the public.”

The policy also requires full accounting and reporting of all discharging of firearms, including immediate reports to the Police Public Complaints Authority, the Office of Professional Responsibility and the Bureau of Special Investigations.

Not only must the scene of the incident be secured in the case of a shooting, but the principal officers are to be withdrawn from the scene and all weapons, ammunition and exhibits from the police and individuals also secured.

Last night, Senior Superintendent Claude Samuels of the St Andrew South police division, said that the shift in policy will place greater onus on officers to properly brief their men about operations and the extent to which they will be expected to use their firearms.

“The squad needs to know what is the intent of the operation, what I intend to gain, how to achieve this intent and what amount of force should be used,” Samuels said.

In the Braeton incident, seven young men were killed at a house in Braeton, St Catherine in what the police said was a shoot-out with members of the now-defunct Crime Management Unit, headed by tough cop, Reneto Adams. People in the community claimed the killings were executions.

A coroner’s jury was split over the verdict, with a narrow majority holding that no one was criminally responsible. However, the director of public prosecutions held that six officers should be charged, but not Adams, whose firearm was not discharged.

Samuels explained that at the time of the Braeton operation, in March 2001, each person had discretion in the use of force, but that under the new rules “this discretion is now decided by the officer on the ground”.

It will be the senior officer’s responsibility to say “when force should be used and when enough is enough”.

Factors to consider before using force

The police will at least consider these 10 factors before deciding whether or not to use force:

1 The conduct of the individual(s) they are confronting, if this can be assessed;

2 The age, size, relative strength, skill level, and injury/exhaustion of the officer(s) and individual(s) being confronted as well as the number of officers as against the number of individual(s) involved;

3 The influence of drugs/alcohol on the mental capacity of the individual(s) being confronted;

4 Proximity of weapons;

5 What other options are available (for example, resources that are available to the officer(s) under the circumstances);

6 The seriousness of the suspected offence or reason for contact with the individual(s);

7 Training and experience of the officer(s);

8 Potential for injury to citizens, officer(s) and suspect(s);

9 The risk of escape; and

10 Other exigent circumstances.

What action is to be taken when police officer(s) use(s) a firearm

1 A verbal report should be made by the officer(s) to the supervisor as soon as possible.

2 A pocket book entry should be completed. The supervisor must sign and date the pocket book entry;

3 If the firearm is discharged, the Police Public Complaints Authority, the Office of Professional Responsibility and the Bureau of Special Investigations are to be informed immediately;

4 The scene of the incident is to be secured;

5 All weapons, ammunition and exhibits from the police and individual(s) are to be secured;

6 The principal officers are to be withdrawn from the scene;

7 The welfare of the individual(s) confronted and their family members, the community and police officers involved is to be addressed;

8 If fatality results, the pathologist is to be notified;

9 An investigating officer is to be appointed;

10 The public is to be informed;

11 A family liaison officer is to be appointed in the case of fatal or serious injury;

12 The police, witnesses and PPCA cooperate in the investigation to ensure justice.