Queensland police have “overturned” the ban of a controversial and potentially deadly chokehold after it was outlawed just over a month ago.
The use of the lateral vascular neck restraint (LVNR), also known as the “sleeper” chokehold, was banned on April 14 following a 12-month review, bringing Queensland into line with other states and territories.
Queensland police have now clarified the “ban” and cleared police to use the LVNR hold in dangerous situations.
“A clarification was issued to QPS officers on May 15 reaffirming that the LVNR not be used in the course of ordinary policing duties and outlining statutory provisions concerning force that may lawfully be used to prevent death or grievous bodily harm,” a police spokesman told AAP.
The Queensland Police Union had challenged the ban, saying it prevented officers from defending themselves.
“I and all police always knew the commissioner of police was acting unlawfully when she unilaterally issued an unlawful direction to ban police using LVNR,” Queensland Police Union president Ian Leavers told AAP on May 16.
“Thankfully the QPU has now overturned this unlawful direction.
“We knew we had to keep police safe, even if the commissioner wasn’t, and now the commissioner’s original unlawful direction has been rescinded, the QPU has ensured that police can again use the LVNR to defend themselves.”
Queensland police continue to defend the clarification, insisting it does not change the force’s stance against using the chokehold.
“Contrary to media reporting, there has been no change to the QPS position regarding LVNR,” a QPS spokesperson said.
“These provisions were available to officers when the ban took place last month and have been outlined in the clarification issued yesterday to make it clear to officers following concerns raised by the Queensland Police Union of Employees.”
Queensland police had previously been trained to apply the hold during a violent struggle at the point of arrest.
It involves compressing the arteries and veins in the neck and cutting blood supply to the brain, leading to altered levels of consciousness.
In April, Commissioner Katarina Carroll said the LVNR restraint would no longer be “a use of force option for all officers, effective immediately”.
“Having reviewed a range of evidence and information presented to me, I have made the decision to discontinue the use of the LVNR from the QPS Use of Force Model and no longer include the technique in our operational skills training,” the commissioner said.
“While it has been available to officers for a long time in Queensland, the options for officers ... have increased and broadened since its introduction over 30 years ago.”
Advocacy groups welcomed The decision as long overdue, but the police union warned it could lead to increased use of firearms, tasers and batons.
Since 2011, the use of the LVNR has been considered in four separate fatal incidents by Queensland coroners.
The technique had been the subject of an ongoing review by Queensland Police.
Carroll set up a working group in 2022 involving the police union, the Crime and Corruption Commission and medical experts.
