SIXTH SCHEDULE National Police Service Act [Sections 61(2), Act No. 11 of 2014, s. 54.]

A – CONDITIONS AS TO THE USE OF FORCE

1. A police officer shall always attempt to use non-violent means first and force may only be employed when non-violent means are ineffective or without any promise of achieving the intended result.
2. The force used shall be proportional to the objective to be achieved, the seriousness of the offence, and the resistance of the person against whom it is used, and only to the extent necessary while adhering to the provisions of the law and the Standing Orders.
3. When the use of force results in injuries—
   (a) the police officers present shall provide medical assistance immediately and unless there are good reasons, failing to do so shall be a criminal offence; and
   (b) shall notify relatives or close friends of the injured or affected persons.
4. A police officer who uses any form of force shall immediately, report to the officers’ superior explaining the circumstances that necessited the use of force and the supervisor shall judge the rightfulness and decide on the next step, subject to these regulations.
5. Any use of force that leads to death, serious injury and other grave consequences shall be reported immediately by the officer in charge or another direct superior of the person who caused the death or injury, to the Independent Police Oversight Authority who shall investigate the case.
6. The Inspector-General shall not be precluded by virtue of paragraph (5) from conducting investigations into the matter.
7. A police officer who makes a report to the Independent Police Oversight Authority in accordance with paragraph (5) shall—
8. (a) secure the scene of the act for purposes of investigations; and
9. (b) notify the next of kin, their relative or friend of the death or injury as soon as reasonably practical.
10. It shall be a disciplinary offence for a police officer to fail to report in accordance with these regulations.
11. An officer shall not tamper or otherwise damage any evidence from the scene of the act.
12. A Police officer in uniform shall at all times affix a nametag or identifiable Service number in a clearly visible part of the uniform
13. Following the orders of a superior is no excuse for unlawful use of force.
14. The Cabinet Secretary responsible for Internal Security and the Inspector- General shall make regulations for giving further direction on the lawful use of force, and the regulations shall include, among other things—

National Police Service

a list of lawful means to use force;
training requirements to be allowed to use these means;

procedures for reporting the use of the means of force, indicating whether the use of such means was necessary or not.

B – CONDITIONS AS TO THE USE OF FIREARMS

1. Firearms may only be used when less extreme means are inadequate and for
   the following purposes—
2. (a) saving or protecting the life of the officer or other person;
3. (b) in self-defence or in defence of other person against imminent threat of life or serious injury;
4. (c) protection of life and property through justifiable use of force;
5. (d) preventing a person charged with a felony from escaping lawful custody; and
6. (e) preventing a person who attempts to rescue or rescues a person charged with a felony from escaping lawful custody.
7. An officer intending to use firearms shall identify themselves and give clear warning of their intention to use firearms, with sufficient time for the warning to be observed, except—
8. (a) where doing so would place the officer or other person at risk of death or serious harm; or
9. (b) if it would be clearly inappropriate or pointless in the circumstances.
10. A police officer shall make every effort to avoid the use of firearms, especially against children.
11. Any use of firearm, even if there’s no injury, shall immediately be reported to the officer’s superior.
12. Any use of fire arms that leads to death, serious injury and other grave consequences shall be reported by the officer in charge or another direct superior of the person who caused the death or injury, to the Independent Police Oversight Authority who shall investigate the case.
13. The Inspector-General is not precluded by virtue of paragraph (4) from conducting investigations into the matter.
14. A police officer who makes a report to the Independent Police Oversight Authority in accordance with paragraph (4) shall—
15. (a) secure the scene of the act for purposes of investigations; and
16. (b) notify the next of kin, their relative or friend of the death or injury as soon as reasonably practical.
17. The Cabinet Secretary in consultation with the Inspector-General shall make further regulations on the use of firearms which shall include regulations—
18. (a) that specify the circumstances under which police may carry firearms and the type of firearms and ammunition permitted;
19. (b) that prohibit firearms and ammunition that cause unwarranted injury or present unwarranted risk; to regulate the control, storage and issuing of firearms, including procedures that ensure that officers are accountable for the weapons and ammunition issued to them (in principle; don’t allow to take fire arms home and officers are provided by their superior with a fixed amount of ammunition and have to explain at any time when requested if bullets are missing); for the selection, training and testing of officers authorised to carry firearms including techniques that could diffuse tension and reduce the likelihood of the need to use force in order to ensure that firearms are used appropriately and with the least risk of causing unnecessary harm;
    to provide for testing of officers carrying fire arms at regular intervals, but at least once a year;
    and provide for consequences when failing the test referred to under paragraph (e) which shall at least include that failing to pass the test shall result in losing the right to carry fire arms until the officer does pass the test; and
    provide for a reporting system whenever officials use firearms in the performance of their duty.