2.1 Firearms & Taser Policy & Procedures

Question 1

According to section 40 of the Arms Act 1983:

1) What can be required?
2) What if they refuse?
3) What is the associated penalty (2)?

Answer 1

1) Every person in possession of any firearm weapon etc shall on demand, give his full name, address and date of birth to any member of police who is in uniform or produces evidence that he is a member of police.
2) If the person refuses to provide details, the police member may caution that person and arrest if the continue to refuse or fail to provide correct particulars.
3) Penalty 3 months or $1000 fine if they refuse to give their name, address, or date of birth or gives false particulars.

Question 2

What does section 66 of the Arms Act 1983 state?

Answer 2

For the purposes of this Act every person in occupation of any land or building or the driver of any vehicle on which any firearm, airgun, pistol, imitation firearm, restricted weapon, prohibited magazine, or explosive is found shall, though not to the exclusion of the liability of any other person, be deemed to be in possession of that firearm, airgun, pistol, imitation firearm, restricted weapon, prohibited magazine, or explosive, unless he proves that it was not his property and that it was in the possession of some other person.

Question 3

The case law derived from Hepi v R [2010} dictates what with respect to section 66 of the Arms Act 1983?

Answer 3

Section 66 is a deeming provision. 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 4

When can firearms be carried with respect to the immediate operating environment?

Answer 4

When one’s perceived cumulative assessment of a situation or the immediate operating environment is that it is in, or likely to escalate to be within, the death/GBH range. For example, a suspect is known to be at large, has not been contained, and is believed to be armed and present a risk of death or GBH.

Question 5

When can firearms be used?

Answer 5

• Training
• Animal destruction
• As a tactical option

Question 6

An offender must not be shot unless what (3)?

Answer 6

1) They have been asked to surrender (unless it is impractical to do so)
2) There are no less violent means
3) Further delay would be dangerous or impractical

Question 7

Fact - According to Fire Orders, what are the four lawful purposes for using a Police firearm?

Answer 7

1. Section 48 - Defending themselves or another
2. Section 39 - Arresting an offender
3. Section 40 - Prevent escape
4. Destroying animals

Question 8

What are the general rules around warning shots?

Answer 8

Warning shots should not be fired.

However, there are circumstance where a warning shot may be fired e.g the suspect has been asked to surrender and has not done so and it can be safely aimed as a warning shot

Question 9

What does policy say about shooting at moving vehicles?

Answer 9

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

It is extremely difficult to disable a moving vehicle by shooting at tyres. There is a high probability of of misdirection, ricochet increasing the risk of causing death, injury or damage.

Question 10

Actions when firearm discharge involves injury or death

Answer 10

• take control of the scene
• render first aid
• manage the scene
• advise the district commander who will initiate alcohol and drug testing of the employees involved.

Question 11

What is the first step which should be taken by an incident controller or O/C scene following the discharge of a firearm?

Answer 11

They should mark the discharging employee’s position, empty cartridge cases, bullet fragments, and any other items or people associated with the discharge.

Question 12

Who issues the Tactical Options Report in regards to a

fatal or non-fatal Police shooting

Answer 12

The report must be submitted by a supervisor when a discharge results in injury or death

Question 13

Which four situations require the completion of a tactical options report?

Answer 13

1) Presentation
2) Discharge
3) Unintentional Discharge
4) Destruction of animal

Question 14

Who must be notified when a TASER is shown or used?

Answer 14

The employee must notify a supervisor as soon as practicable.

In the case of rural employees, they must notify the nearest on duty supersvisor

Question 15

What obligations does one have when firearms are carried (2)?

Answer 15

1. Advise their immediate supervisor and comms as soon as practicable.
2. Deploy with a TASER where one is available.

Question 16

What are the seven principles of dealing with an armed offender?

Answer 16

1. Conduct an ongoing TENR assessment during the course of an incident.
2. It is better to take the matter too seriously than too lightly.
3. Caution is not cowardice.
4. When the offender’s actions permit, focus on de-escalation, communication, and prevention, cordon the area, and adopt the wait and appeal role in order to negotiate a surrender.
5. Never go unnecessarily into danger. However, it the offender is acting in a way that makes casualties likely, police must act immediately to prevent this.
6. Treat all armed offenders or offenders believed to be armed, as dangerous and hostile unless there is definite evidence to the contrary.
7. Where practical, police should not use a firearm unless it can be done without endangering other persons.

Question 17

What are the three sections which make up Fire Orders?

Answer 17

1. Responsibility for knowing when firearms may be used.
2. Conditions to be satisfied before use.
3. Making decisions to use

Question 18

What do Fire Orders say about one’s Responsibility for knowing when firearms may be used?

Answer 18

Every Police employee issued with a firearm is personally responsible for ensuring they are thoroughly conversant with relevant law, particularly sections 39 , 40 , 41 , 48 , and 62 of the Crimes Act 1961, and all relevant instructions and guidelines contained in this chapter.

Question 19

According to Fire Orders, what are the three conditions to be satisfied before the use of firearms?

Answer 19

1) Communication: they must have first been asked to surrender (unless it is impractical or unsafe to do so), and
2) Less violent alternatives (Proportionality): it must be clear they cannot be disarmed or arrested without first being shot, and
3) Delay (Necessity): it must be clear that further delay in apprehending the offender would be dangerous or impractical

Question 20

Must a supervisor physically attend the scene following a TASER discharge?

Answer 20

This should be determined after consulting with the operator involved. Facetime may be sufficient.

Question 21

Is the supervisor responsible for TASER aftercare?

Answer 21

Yes. You should ensure that proper aftercare and medical attention where necessary is provided.

Question 22

What must a supervisor do at the scene of a TASER discharge (2)?

Answer 22

1) Preserve and photograph the scene

2) Collect evidence such as discharged cartridges, wires, probes, and sufficient (4-5) cartridge identification tags.

Question 23

Who must examine a subject following the application of TASER?

Answer 23

A registered medical doctor (or where not available, an intermediate life support qualified ambulance (ILS) officer).

Question 24

Who’s responsibility is disclosure?

Answer 24

The officer in charge of a file. However, when required, CJUS may handle it on the officer’s behalf.

Question 25

What should a supervisor do with a TASER following unintentional discharge?

Answer 25

It must be immediately withdrawn from service and the Police national armoury must be consulted as to whether or not the particular TASER and associated evidence is forwarded to them for examination and a report.

Question 26

Who should be notified following an unintentional TASER discharge?

Answer 26

The District Police Professional Conduct Manager.