2. Firearms and Taser Flashcards
Must know - Section 40 of the Arms Act 1983 - What must every person in possession of a firearm, air gun, pistol or restricted weapon do when asked by a police member in uniform or who produces evidence of being a member of police.
on demand, give his full name, address, and date of birth
(2) If any person refuses to give his name, address, or date of birth or gives false particulars thereof, any member of the Police –
(a) May caution that person; and
(b) If that person persists in such refusal or fails or continues to fail to give the correct particulars, –
may arrest him without warrant.
Must know -Section 40 of the Arms Act 1983. What must I do if they refuse to give details
May caution that person; and If that person persists in such refusal or fails or continues to fail to give the correct particulars, –may arrest him without warrant.
Must know - Section 40 of the Arms Act 1983. What is the penalty
for a term not exceeding 3 months imprisonment and/or $1,000
Must know -Section 66 of the Arms Act 1983. This section relates to the the driver or a vehicle or occupier . What weapons does this relate to?
firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive
Must know -Section 66 of the Arms Act 1983. What is the gist of the section?
occupation of any land or building or the driver of any vehicle is deemed to be in possession of that firearm airgun, pistol, imitation firearm, restricted weapon, or explosive
Must know -Section 66 of the Arms Act 1983- What is the exception to this
proves that it was not his property and that it was in the possession of some other person
Must know -Section 66 of the Arms Act 1983- Caselaw. On what ground were the convictions quashed for unlawful possession of a firearm on premises owned by the defendant
The District Court misdirected the jury on the meaning of possession which resulted in potentially an unsafe verdict; with regard to firearms and explosive. Convictions quashed.
Note: this case serves to show how s66 operates as a ‘deeming’ provision; whereby an alleged offender can be ‘deemed’ to be in possession of arms/ammunition if proven that the alleged offender was in occupation of the relevant property. A presumption of such possession can be rebutted by the defence proving, on the balance of probabilities, that the arms/ammunition was in the possession of someone else, NOT the alleged offender(s).
Must know -What are the five requirements for police to carry a firearm?
when their perceived cumulative assessment of a situation is that it is in, or likely to escalate to be within, the death/grievous bodily harm range as specified by the Tactical Options Framework in the
AOS/STG/Protection services
Escorts for valuables
to destroy animals in circumstances set out in the Animals chapter
for training purposes.
Who can be deployed with firearms
Only level one responders
Who must officers advise of their decision to carry firearms.
their immediate supervisor and the Police Communications Centre
When must I wear HAP
Every time when deploying to an incident where firearms could be present.
Must Know - Under F61 describe the the four proposes firearms can be used.
Defending themselves or another - Section 48, Crimes Act 1961
Arresting an offender- Section 39 Crimes Act 1961
Prevent escape Section 40 Crimes Act 1961
Destroying animals
Must Know - Under F61. With each of these sections what must you believe?
believe on reasonable grounds that the offender poses a threat of death or grievous bodily harm and the action cannot be done in a less violent manner.
Must Know- When are the three times a firearm can be used?
Training, animal destruction and as a tactical option.
Must Know- Under F61. What are three things you must consider before shooting?
Communication,
Less violent alternatives (Proportionality)
Delay (Necessity)
they must have first been asked to surrender (unless it is impractical or unsafe to do so), and
it must be clear they cannot be disarmed or arrested without first being shot, and
it must be clear that further delay in apprehending the offender would be dangerous or impractical
Can I shoot an offender who is no longer a threat?
There is no justification for firing at a suspect when they are no longer a threat to life.
Can I fire warning shots?
As a general rule, warning shots should not be fired.
If I were to fire a warning shot what must I consider?
the suspect has been asked to surrender (if practical) and has not done so, and it can be clearly aimed as a warning shot.
Take extreme caution to safeguard the safety of others.
What circumstances must exist to shoot at a moving vehicle?
Shots may only be fired at moving vehicles in exceptional circumstances.
Must Know Firearms discharge involving death or injury, what must the incident controller present or the person appointed to do
- take control of the scene
- ensure first aid is rendered
- manage the scene according to the principles contained in the Police involvement in deaths and serious injuries chapter
- inform the District Commander, who in turn will initiate alcohol and drug testing of employees involved in the shooting in accordance with Commissioner’s Circular
- Testing Police employees for alcohol and illegal drugs after a Police shooting.
Must Know An unintentional discharge of firearms may occur through:
- Operator error: e.g. a failure to follow procedure and ensuring a firearm is in the unload state before conducting a pre-op check, leading to an unintentional discharge.
- Mechanical fault: a fault with the firearm leads to a discharge.
Must Know - An unintentional discharge may occur as a result of operator error or mechanical fault:
- Operator error: for example, a failure to follow procedure by ensuring a TASER is in the unload state before conducting a pre- op check, leading to an unintentional discharge.
- Mechanical fault: a fault with the device leads to a discharge
Must know -Section 62, Crimes act 1961, excessive force outlines what
Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.
When notified of an operational show the supervisor should follow these steps.
1 Ensure the operator or individuals involved submit a tactical options report (TOR).
2 Ensure the operator completes the details of all instances of arcing in the TASER register.
3 Ensure the operator(s) involved: uploads the incident into Evidence.Com via Evidence Sync, • categorises the uploaded data including the TOR and event details, shares the event in Evidence.com with their supervisor.
4 Debrief the officer involved on the incident and review the TASER footage along with the TOR.
Determine whether the show of the TASER was in accordance with these instructions, noting on the TOR form a summary of the outcome of the review.
Must Know - When notified of an operational use of the TASER, the supervisor should follow these steps.
1 Consult with the operator involved as to whether your physical attendance is necessary at the scene (consider using mobility, e.g. Facetime).
2 Ensure that proper aftercare and appropriate medical attention where necessary is provided.
3 Ensure that:
the scene is preserved and photographed where it is believed this may be necessary or relevant for subsequent enquiries, all evidence, including discharged cartridges, wires, probes and sufficient (4-5) cartridge identification tags (CIT), are recovered from the scene and secured.
4 Ensure: subjects exposed to the application of TASER are examined by a registered medical doctor (or where not available, an Intermediate Life Support (ILS) qualified ambulance officer), and the examination is recorded on a POL 42 - Post TASER Exposure Medical Examination Form.
5 Ensure the operator completes the details of all instances of use in the TASER register.
6 Ensure the operator, or individuals involved submit a tactical options report (standard TOR, or TOR used on an animal) in compliance with reporting requirements in the Use of Force overview.
7 Ensure the operator(s) involved:
• uploads the incident into Evidence.Com via evidence Sync, categorises the uploaded data including the TOR and event details, shares the event in Evidence.com with their supervisor.
8 Review the TASER footage and TOR, determining whether the use of the TASER was in accordance with these instructions noting on the TOR form a summary of the outcome of the review.
