40mm LESS-LETHAL LAUNCHER

PURPOSE

The purpose of this Directive is to familiarise officers with the use, and operation procedures of the 40mm Less-Lethal Launcher (40mm LLL).

PROTOCOL

Whenever practicable, officers shall exercise de-escalation techniques to resolve potential use of force incidents and seek voluntary compliance from subjects/suspects. Less-Lethal force options are only permissible when:

An officer reasonably believes the suspect or subject is violently resisting arrest or poses an immediate threat of violence or physical harm.

Less-Lethal force options shall not be used for a suspect or subject who is passively resisting or merely failing to comply with commands. Verbal threats of violence or mere non-compliance by a suspect do not alone justify the use of Less-Lethal force.

An officer may use the 40mm LLL as a reasonable force option to control a suspect when the suspect poses an immediate threat to the safety of the officer or others.

The 40mm LLL shall not be used to target the head, neck, face, eyes, or spine unless lethal force is authorised.

The 40mm LLL may be used in crowd control situations against a single subject/suspect as a target-specific less-lethal option.    

PROCEDURES

For tactical and safety reasons, the recommended deployment range is 5-50 feet.

When officers realise theneed for a 40mm LLL, they request a "Code Sam-40."  

If tactically and environmentally feasible, the 40mm LLL should be deployed from a position of cover with a designated cover officer.

The 40mm LLL officer alerts other officers when ready to fire by shouting or broadcasting, "40mm Ready!" or "40mm Up!"

When firing the 40mm LLL, the officer should assess the effectiveness of every round. The effectiveness of the 40mm impact round is based on the energy at impact. Therefore, the round may have little or no effect on a suspect who has a large body mass, is wearing heavy clothing or body armour, is under the influence of drugs, or is in a state of mind which prevents the suspect from feeling the impact of the round.

If shots to the torso or belt line do not appear to be effective, then a leg, arm or hand may be viable alternative target.

If officers encounter a self-mutilating or suicidal individual, the use of the 40mm LLL may be a reasonable force option. This will allow the individual to receive the needed emergency medical treatment.

Generally, officers should not shoot the 40mm LLL at a fleeing suspect. Officers should pursue and attempt to contain the suspect, whilst continually assessing the situation. Additionally, officers should avoid deploying the 40mm LLL on individuals who:

• Are on an elevated or unstable surface which could cause a fall that could result in a significant impact injury;

• Are operating or riding any mode of transportation; or,

• Are known to be pregnant, under 12 years of age, elderly or visibly frail.

Use of Force Warning

An officer shall, when feasible, give a verbal warning prior to using the 40mm LLL. The warning is not required when an officer is attacked and must respond to the suspect's actions. Additionally, if a tactical plan requires the element of surprise to stabilise the situation, a warning is not required.

The verbal warning should include a command and a warning of potential consequences of the use of force.

Tactical Discharges

Tactical Discharges (disabling lights, breaking out windows, etc.) are allowed, but are not generally recommended due to the fact that they may cause secondary impacts. Tactical discharges may be an effective option in limited circumstances. Officers must assess the situation after each tactical discharge, and if the weapon is not effective, consider other options.

In the event the 40mm LLL will be used for a tactical discharge, it should be communicated to all officers at scene.

Medical

Any person struck with a 40mm impact round shall be examined by medical personnel. The person shall be carefully monitored for signs of distress.