2. Firearms and Taser

Question 1

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.

Answer 1

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.

Question 2

Must know -Section 40 of the Arms Act 1983. What must I do if they refuse to give details

Answer 2

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.

Question 3

Must know - Section 40 of the Arms Act 1983. What is the penalty

Answer 3

for a term not exceeding 3 months imprisonment and/or $1,000

Question 4

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?

Answer 4

firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive

Question 5

Must know -Section 66 of the Arms Act 1983. What is the gist of the section?

Answer 5

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

Question 6

Must know -Section 66 of the Arms Act 1983- What is the exception to this

Answer 6

proves that it was not his property and that it was in the possession of some other person

Question 7

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

Answer 7

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).

Question 8

Must know -What are the five requirements for police to carry a firearm?

Answer 8

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.

Question 9

Who can be deployed with firearms

Answer 9

Only level one responders

Question 10

Who must officers advise of their decision to carry firearms.

Answer 10

their immediate supervisor and the Police Communications Centre

Question 11

When must I wear HAP

Answer 11

Every time when deploying to an incident where firearms could be present.

Question 12

Must Know - Under F61 describe the the four proposes firearms can be used.

Answer 12

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

Question 13

Must Know - Under F61. With each of these sections what must you believe?

Answer 13

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.

Question 14

Must Know- When are the three times a firearm can be used?

Answer 14

Training, animal destruction and as a tactical option.

Question 15

Must Know- Under F61. What are three things you must consider before shooting?

Answer 15

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

Question 16

Can I shoot an offender who is no longer a threat?

Answer 16

There is no justification for firing at a suspect when they are no longer a threat to life.

Question 17

Can I fire warning shots?

Answer 17

As a general rule, warning shots should not be fired.

Question 18

If I were to fire a warning shot what must I consider?

Answer 18

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.

Question 19

What circumstances must exist to shoot at a moving vehicle?

Answer 19

Shots may only be fired at moving vehicles in exceptional circumstances.

Question 20

Must Know Firearms discharge involving death or injury, what must the incident controller present or the person appointed to do

Answer 20

1. take control of the scene
2. ensure first aid is rendered
3. manage the scene according to the principles contained in the Police involvement in deaths and serious injuries chapter
4. 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.

Question 21

Must Know An unintentional discharge of firearms may occur through:

Answer 21

1. 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.
2. Mechanical fault: a fault with the firearm leads to a discharge.

Question 22

Must Know - An unintentional discharge may occur as a result of operator error or mechanical fault:

Answer 22

1. 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.
2. Mechanical fault: a fault with the device leads to a discharge

Question 23

Must know -Section 62, Crimes act 1961, excessive force outlines what

Answer 23

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.

Question 24

When notified of an operational show the supervisor should follow these steps.

Answer 24

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.

Question 25

Must Know - When notified of an operational use of the TASER, the supervisor should follow these steps.

Answer 25

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.