A third of cases involving use of force by ACT police were escalated by officers, ombudsman finds

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4 hours ago

A third of cases involving the use of force by police in the ACT involved situations being unnecessarily escalated by the "unprofessional behaviour" of officers, a report has found.
The ACT Ombudsman analysed more than 6,200 use-of-force reports and 200 clips of body-worn camera vision and CCTV recorded between January 2019 and December 2023.
Officers drew, aimed or discharged a taser more than 1,600 times during that period.
A firearm was used in almost 320 incidents, and a baton was used almost 260 times.
Ombudsman Iain Anderson said the investigation had uncovered cases where the police response had "unnecessarily inflamed situations", resulting in poor outcomes.
"While we have seen some excellent conduct by officers, handling difficult interactions with care and respect, we are concerned at the unprofessional conduct, offensive and abusive language, and unnecessary aggression displayed by some officers, the seniority of whom does not appear to have been a determining factor," he said in the report.
Mr Anderson said while force was sometimes necessary to uphold safety, misusing it eroded community trust.
"It also has the potential to disproportionately impact vulnerable members of the ACT community, including young people, First Nations people and those experiencing mental health challenges," he said.
About 17 per cent of use-of-force cases involved a mental health incident and 10 per cent involved an intoxicated person.
Police officers reported experiencing injuries in 21 per cent of confrontations, ranging from minor injuries, like bruises or scratches, to major injuries including serious head knocks or broken bones.
In one case highlighted by the ombudsman, police stopped a suspected drink driver, threw him to the ground, handcuffed him and left him face down in the gutter.
The matter was heard in the ACT Magistrates Court in 2022, where Magistrate James Lawton took aim at the officers' unlawful use of force.
"Removing the defendant from his car without giving him opportunity to comply and then throwing him to the ground were outrageous," he said.
"The actions of these officers [were] deplorable and should be denounced.
"A strong message must be sent that this behaviour will not be tolerated."
In another case criticised by the ombudsman, police arrested a heavily intoxicated 16-year-old boy who had fallen off a bench with his pants tangled around his ankles.
The teenager had sworn repeatedly at police but had not displayed physical aggression before he was grabbed, rolled over and handcuffed, the report found.
As the situation escalated, the boy spat at police and was pepper sprayed.
He was denied his request to have his eyes washed out, with an officer telling him "No! Don't f***ing spit at us, c***."
The ombudsman made 13 recommendations to improve the use of force in the ACT.
They include better equipping officers to engage with intoxicated people and those experiencing a mental health crisis.
The Ombudsman has also called for extra safeguards around the way young people are handcuffed.
Other recommendations relate to improving the use of body-worn cameras.
"By not reliably collecting audio and visual [body-worn camera] evidence, ACT Policing is failing to comply with the law and undermining the legislative intent of promoting accountability and protecting the safety of both police officers and members of the community," the ombudsman's report said.
ACT Policing has fully accepted two of the report's recommendations, partially accepted eight and not accepted three.
In a letter of response to the ombudsman, ACT Chief Police Officer Scott Lee said the investigation overlooked the many times officers were able to de-escalate situations without needing to use force.
He said in most cases, force is used reasonably and proportionately.
"Where you identified officer conduct lacking and not appropriately dealt with, I would like to assure you that ACT Policing members are held to account."
Deputy Commissioner Lee said behaviour in the report would be reviewed, noting several cases had already been referred to the Professional Standards Unit.
Sanctions for officers found to have engaged in misconduct range from verbal counselling to criminal charges.
In September 2024, ACT Policing announced the establishment of an Operations Safety Practices Committee, to "further enhance rigour around the use of force by members".