ACTIONS AGAINST POLICE

Can I Sue the Police for Taser Misuse?

For most people, the idea of taking legal action against the police is daunting. We are taught to view the police as protectors, and the use of the taser has been framed by the media as a safe, less lethal way to maintain order.

However, the reality of taser deployment has shifted significantly in recent years. What was once a weapon of last resort is increasingly being used as a tool for compliance by pain. With the 2026 rollout of the Taser 10, featuring an extended range and a multi-probe firing system, the risk of misuse and subsequent injury has reached a critical point.

At DPP Law, we are experts at helping those who have suffered when a momentary encounter with the police turns into a fundamental breach of civil liberties that often results in life-changing injuries. In this blog, we will explore when taser use becomes unlawful, the physical dangers of secondary injuries, and how our specialist team of actions against the police solicitors can help you secure the compensation you deserve.

What is a Taser?

Conducted Energy Devices (CEDs), more commonly known by the brand name Taser, were originally introduced in 2003 as a less lethal alternative to firearms. These devices work by firing two barbed probes that deliver high-voltage, low-amperage electrical current, causing Neuromuscular Incapacitation (NMI). This shock essentially overrides the central nervous system, causing involuntary muscle contractions that leave the subject temporarily unable to move. In many cases, this muscular incapacitation will then cause the individual to collapse helplessly, but not harmlessly to the ground.

The Shift to the Taser 10

As of 2026, many forces, including the West Midlands and the Metropolitan Police have begun rolling out the Axon Taser 10 (T10). This model represents a radical shift in how the police use electrical force:

  • Sequential Firing: Unlike previous models that fired two probes simultaneously, the Taser 10 fires up to 10 single probes individually. This means that the first shot causes pain but cannot achieve incapacitation until a second probe connects.
  • Extended Range: The Taser 10 has a maximum range of 45 feet (13.7 metres), nearly double that of the earlier models. While police argue this provides more time and space, it also increases the risk of hitting bystanders or miscalculating the necessity of force from a distance.
  • Higher Velocity: The probes travel at a higher velocity and carry more kinetic energy than previous models. This increases the risk of the barbs perforating sensitive areas, such as the chest cavity or skull, particularly in smaller individuals or children.

While the police maintain these features prioritise de-escalation, the Taser 10’s design inherently relies on pain compliance for the first shot. Legal experts warn that this can easily cross the line from lawful policing into an actionable assault.

When is Police Taser Use Considered Lawful?

Every time a police officer draws or fires a Taser, they are legally required to justify that use of force. Deployment of electrical weapons is governed by three primary legal pillars:

  • Section 3, Criminal Law Act 1967: This allows an officer to use such force as is reasonable in the circumstances to prevent crime of effect a lawful arrest.
  • Section 117, PACE 1984: This permits reasonable force, specifically when an officer is exercising a power under the Police and Criminal Evidence Act (such as a search or arrest) and the subject does not consent.
  • Common Law: Officers may use force in self-defence or to protect others if they have an honestly held belief that there is imminent danger.

The National Decision Model

Every Taser deployment must follow the National Decision Model (NDM), this is a six-stage ethical cycle designed to prevent the unnecessary use of force. If an officer skips de-escalation or fails to identify a subject’s vulnerability (such as mental illness or age) before firing, their actions may be deemed an unlawful assault

The three core tests to determine if a taser discharge was lawful are:

  1. Necessity: Was there a genuine, immediate threat that required such force? Could the situation have been resolved through de-escalation or a lower level of force, such as unarmed techniques or PAVA spray?
  2. Proportionality: Was an incapacitating electrical shock a balanced response to the threat? For example, using a Taser on someone who is merely being verbally abusive or non-compliant is often deemed disproportionate.
  3. Reasonableness: Based on what the officer honestly believed at the time, would a reasonable person agree that force was required?

Human Rights Dimension

Beyond domestic law, every Taser use must comply with the Human Rights Act 1998. If a Taser is used for punishment or to inflict pain rather than to stop a violent threat, it may violate Article 3 (Prohibition of Torture and Inhuman Treatment). Furthermore, if a discharge leads to a fatality, the police must prove the force was no more than absolutely necessary under Article 2 (Right to Life).

If an officer cannot articulate a clear rationale for why a Taser was the minimum force required, the deployment may be considered an unlawful assault.

What Are Common Injuries Associated with Taser Discharge?

A taser discharge is more than just a physical shock, it can lead to long-term psychological trauma and PTSD.

When the police discharge a taser, the damage is rarely limited to a momentary shock. Taser injuries can be categorised into two groups: Primary (caused directly by the electricity and barbs), and Secondary (caused by the victim’s resulting fall).

Primary Injuries

While often described by police forces as temporary, the electrical discharge can cause significant physical distress and long-term health complications, including:

  • Neuromuscular Incapacitation (NMI)
  • Barb Penetration: The metal probes are designed to hook into the skin or muscle; if they strike sensitive areas like the eyes, neck, or chest, they can cause permanent damage or scarring.
  • Physiological Stress: Victims often report intense nausea, amnesia, loss of bowel or bladder control, and vomiting
  • Cardiac Risks: In extreme cases, the shock can lead to heart failure

Secondary Injuries

Most people focus on the electrical shock that goes through the victim’s body, but the most devastating taser injuries are often secondary.

As pointed out by actions against the police expert, Iain Gould:

‘This is because when a person falls, the natural instinct is to raise their hands so as to break the fall. But once Tasered, the victim ‘freezes’ and their muscles are temporarily paralysed, giving them no chance to protect themselves.

This effect can result in:

  • Dental injuries including broken teeth
  • Broken bones including spinal and facial fractures
  • Traumatic brain injuries (TBI)
  • Permanent scarring and disfigurement

If the police fire a taser while you are running or in an elevated position, such as on stairs, the risk of these life-altering injuries increases significantly. For a real-world example of how devastating these can be, read our case study on taser secondary injuries: the case of Richard Hagan.

Can I Sue The Police For Taser Misuse?

If the police use a taser weapon against you unnecessarily or excessively, you will have grounds for a civil claim. At DPP Law, we help clients pursue compensation across several categories:

1. Basic Damages

These compensate you for the actual physical injury, pain, and any financial losses (such as time off work) resulting from the incident.

2. Aggravated Damages

If the police acted in a high-handed, or insulting manner the court may award additional funds for your injured feelings. Examples of this include using a taser in public to cause humiliation, or by lying in their statements.

3. Exemplary Damages

In rare cases where police conduct is egregiously arbitrary or unconstitutional, the court awards these damages to punish the force and deter future misconduct.

Protect Your Rights with DPP Law

If you believe the police have overstepped their bounds, don’t rely solely on an internal police complaint. Professional Standards Departments (PSDs) often favour their own officers; a civil claim is often the only way to get a formal admission of liability and the compensation you deserve.

Our dedicated team of experts in actions against the police can help you:

  • Secure and review Body-Worn Video and Use of Force Forms
  • Obtain independent medical and psychiatric reports
  • Hold the police accountable through the civil courts

Don’t let the police be the judge of their own conduct. If you have been injured by a taser contact Iain Gould and his specialist team at DPP Law today. We operate on a No Win, No Fee basis and can also offer Legal Aid representation to those eligible , ensuring that everyone has the power to hold the State accountable.

Get in touch with us today for your free, no-obligation initial consultation by calling 0333 200 7207 or fill out the contact form below.

Frequently Asked Questions

Does a Warning Make the Use of Force Legal?

Many people ask if they can still sue if the officer shouted ‘’Taser, Taser, Taser’’ first; and the answer is yes. A verbal warning is a procedural requirement, not a legal shield. Shouting a warning does not make the subsequent discharge legal, if the situation didn’t justify force in the first place.

Is Red-Dotting Considered Use of Force?

Similarly, many clients often wonder if they can sue if the officer only pointed the red dot at them. Pointing a Taser at someone (known as red-dotting because of the laser-sight) is legally classified as a use of force that must be recorded on a Use of Force form. So, if it was done to intimidate you without a valid threat, it would constitute and assault and you may be able to claim.

Is it Legal for Police to Taser a Child?

While not strictly prohibited, the use of Tasers on minors is under intense scrutiny. Children are physiologically more vulnerable to cardiac arrest or skull perforation from Taser probes. Statistics show a worrying ‘’adultification bias’’, where Black children are disproportionately targeted. Tasering children must always be an absolute last resort, but, unfortunately, as demonstrated by these case studies, this is not always what happens in practice.

What if I Was Tasered During a Mental Health Crisis?

Police often treat mental health crises as if they were a crime and fail to treat the mentally unwell with the proper care and compassion they require. If officers failed to account for your mental health before deploying force, they may have breached the Equality Act 2010 and the Human Rights Act.

Do I need Body-Worn Video (BWV) to win a claim?

BMV is the most powerful evidence in a claim. It provides an objective record of whether the officer actually tried to de-escalate. Our solicitors work quickly to ensure this data is preserved before it is deleted. Other of video evidence include mobile phone footage and CCTV from public or private cameras. Again, our dedicated legal team will help you to identify, secure and preserve this data.