PAVA Spray for Jersey Customs and Immigration Service Officers: Introduction

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A decision made on 29 January 2021

Decision Reference:MD-HA-2021-0007
Decision Summary Title :	PAVA Spray		Date of Decision Summary:	25 January 2021
Decision Summary Author:	Senior Manager - Borders		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Introduction of PAVA spray for JCIS officers		Date of Written Report:	25 January 2021
Written Report Author:	Senior Manager - Borders		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Introduction of PAVA spray for JCIS officers
Decision(s): The Minister decided to approve the use of PAVA spray by Jersey Customs and Immigration frontline Officers (JCIS) for a 12-month trial period.
Reason(s) for Decision: Essential frontline activity within JCIS can expose officers to situations which carry a risk of injury when dealing with physical confrontation involving violent individuals. These risks apply to both the Officers and the individual. In addition, JCIS officers are likely to be working to a greater age in the future which presents an increased risk of injury to a potentially violent person as well as the JCIS officers. PAVA incapacitant spray would reduce the need to physically engage with a violent person and reduce the likelihood of injury.
Resource Implications: Purchase of PAVA spray and holsters would cost less than £2500. There are no additional resource implications
Action required: The Private Secretary to notify the Jersey Customs and Immigration Service of the making of the decision
Signature:		Position: Len Norman Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

PAVA Spray for Jersey Customs and Immigration Service Officers: Introduction

Report

Justice and Home Affairs

Customs and Immigration Service

To: Minister for Justice and Home Affairs

Submitted by: Senior Manager Borders

Date: 25th January 2021

Subject: Authorisation for JCIS officers to conduct a 12 month trial utilising PAVA spray

Background

Essential frontline activity within the Jersey Customs and Immigration Service (JCIS) exposes officers to situations which carry a risk of physical injury to both themselves and members of the public whilst carrying out their duties. JCIS has a duty of care to its staff and to the members of public, which requires potential physical contact and aggression to be diffused in an effective and safe manner. All JCIS officers are trained in safe control and restraint techniques, and they are an important baseline and safeguard.

Currently JCIS Officers have the following tactical options available to them:

Presence (the uniform and assertive non-verbal communication)
Communication skills
Primary control skills (handcuffing)
Defensive/offensive skills
Physical restraints (wrist and arm locks)

In the event of physical confrontation, the only option available to officers at present involves them physically engaging with a subject. Such interactions clearly carry an increased risk of injury to themselves and the individuals being restrained, and we are conscious that the increase in the retirement age for officers to 67 means that they are having to remain fit for these physical duties for longer, and to an older age.

There will be instances where it would be safer for a potentially violent situation to be diffused at arm’s length. The proposed use of PAVA spray is intended to provide an additional means of mitigating risk of sustained injury (to officers and members of the public) and of de-escalating potentially violent situations. PAVA spray would provide a further tactical option which would negate the need to physically restrain individuals and would reduce the risk of injury to both the officer and the individual.

What is PAVA Spray and how is it used?

PAVA (Pelargonic Acid Vanillylamide) is an irritant spray dispensed from a handheld canister in a liquid stream. PAVA primarily affects the eyes causing closure. Exposure to fresh moving air will normally result in significant recovery within 15-20 minutes of being sprayed.

Officers would be personally issued with PAVA once appropriate training had taken place. PAVA would only be carried by Officers at the Harbour and Airport or where an operational risk assessment justified it i.e. search warrants. It is carried in a discreet canister. It is anticipated that officers would only use PAVA in very rare circumstances where other tactical options were unsuccessful.

The nature of the duties carried out by JCIS Officers is so diverse that it will never be possible to document guidance to cover every encounter or eventuality. What is important is that any action taken is lawful. Action must be proportionate to the competing rights of the individual and any force used should be no more than is absolutely necessary in the circumstances. In this regard Officers will be expected to be prepared to account for their decisions, to demonstrate that their actions were justified and that they acted reasonably within the scope of the law on the use of force.

The training involved is simple and all frontline JCIS officers will be able to carry and use PAVA spray. It is already in use by other agencies who carry similar risks and work in similar or identical areas including the States of Jersey Police, Guernsey Border Agency and other UK based law enforcement agencies.

Purchase of PAVA spray and holsters would cost less than £2,500. There are no additional resource implications.

The Law

PAVA is classified as a prohibited weapon under Article 33 (1) b of the Firearms (Jersey) Law 2000 law. Article 13 paragraph 2 of the Firearms (Jersey) Law 2000 allows a Customs Officer (without holding a firearms certificate) to purchase or acquire firearms and ammunition for the use of the public service if he or she is authorised in writing to do so by the Minister.

Recommendation

The Minister is asked to authorise the issue of PAVA spray to JCIS officers for a trial period of 12 months following which a report will be submitted addressing any issues around its deployment and use.