2.1 Firearms & Taser Policy & Procedures

Question 1

Section 66 - what is defined as Possession of Firearms

Answer 1

Every person in occupation of any land or driver of any vehicle in which any firearm weapon etc is found is deemed to be in possession of that weapon unless he proves that it was not his property and that it was in the possession of some other person.

Question 2

What is the threshold of proof and What needs to be proved to rebut possession (s66) Arms Act

Answer 2

The balance of probabilities and that the firearm etc was not their property and that it was in the possession of some other person

Question 3

FASTED

In what circumstances or duties can firearms be carried by Police?

Answer 3

• When your PCA falls within FEAR death/gbh
• AIRPORT duties
• STG, AOS, DPS
• For TRAINING
• ESCORTS or guards for people carrying valuables (eg cash in transit)
• To DESTROY animals

F.A.S.T. E. D

Question 4

When dealing with an armed offender or an offender believed to be armed, you should proceed how?

Answer 4

• Treat all offenders believed to be armed as dangerous and hostile unless there is definite evidence to the contrary
• Conduct an ongoing TENR
• It is better to treat the matter too seriously than too lightly

Question 5

For Police - In what situations can firearms be used?
(3)

Answer 5

• Training
• Animal destruction
• Tactical option

Question 6

An offender must not be shot unless what?
F. O. L. D

Answer 6

An offender must not be shot unless what?

• officers FEAR of death/GBH
• OFFENDER has been asked to surrender (unless it is impractical to do so)
• There are no LESS violent means
• Further DELAY would be dangerous or impractical

F. O. L. D

Question 7

What are the lawful purposes for Police using firearms? i.e. Sections of the Crimes Act
(4)

Answer 7

• S48 self defence or defence of another
• S39 arrest
• S40 prevent escape
• Destroying animals

Question 8

General rules around firing warning shots state…

Answer 8

Warning shots should not be fired.

However, there are circumstances 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

Can you shoot a 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

CRAM

Actions to be undertaken when firearm discharge involves injury or death (4)

Answer 10

• CONTROL taken of the scene
• RENDER first aid
• ADVISE the District Commander who will initiate alcohol and drug testing of the employees involved.
• MANAGE the scene

C. R. A. M

Question 11

What actions should be taken in all other instances of firearms discharge (except training and animal destruction). (7)

Answer 11

• SECURE the firearm and remaining rounds
• MARK the discharging employee’s position, empty cartridge cases, bullet frag
• ADVISE the employee’s immediate supervisor who will notify the district commander
• PRESERVE cartridge cases and bullet fragments where possible
• PHOTOGRAPH and preserve the scene
• INVESTIGATION and reviews
• DEBRIEF conducted

S. M. A. P. P. I. D

Question 12

Who completes 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

Employee are to complete own Tactical Options Report (TOR) on 4 occasions, What are they?

Answer 13

1) Presentation (exception of AOS and STG)
2) Discharge (other than training)
3) Animal Destruction
4) Unintentional Discharge (no injury involved)

P. D. A D. U D

Question 14

Notifying supervisor when a TASER is shown or used. Who and when?

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 are the supervisors actions after an employee’s operational use of a TASER

Hint: P M P E M U R

Answer 15

1) PHYSICAL ATTENDANCE
- check to see if physical attendance is required (facetime)
2) MEDICAL ATTENTION
- ensure after care and medical attention is provided
3) PRESERVE SCENE
- preserve and photograph scene as may be necessary for further enquires.
4) EVIDENCE COLLECTION
- Collect 4-5 cartridge tags
5) MEDICAL PRACTIONER
- ensure people who are TASERED are seen by a registered medical practitioner, or qualified ambulance officer
6) UPLOAD FOOTAGE AND TOR
- ensure operator completes TASER register, TOR and uploads footage to evidence.com
7) REVIEW
- review footage and TOR

P. M. P E. M. U. R

Question 16

Sec 33 of the Policing Act 2008 relates to Identifying particulars for summons - What powers do Police have regarding this?

Answer 16

A constable who has Good Cause To Suspect a person of committing offence and intends to proceed by summons can - detain person in any place
(a) to take identifying particulars (details, fingerprints)
(b) only for a necessary period to take particulars.

Question 17

When is a firearms license holder disqualified by the court for an offence under the Trespass Act 1980?

What is the penalty or consequence in relation to holding a firearms license?

Answer 17

Answer:
When that person who commits an offense against that act and at the time was carrying or had with them a weapon

Answer:
The penalty is disqualification from holding a firearms license or any other license or permit under the Arms Act 1983 for a period not exceeding two years from the date of the conviction

Question 18

In relation to Police Safety orders under what section of a Family Violence Act can a persons firearms license be suspended? And what actions can be taken?

Answer 18

Answer:
Under section 40 of the FV Act 2018 while a Police safety order has been issued and is in force.

Under section 37 of the FV Act 2018 the bound person must surrender to a constable their firearms license and any weapons in their possession or under their control.

Question 19

In relation to section 176 of the Family Violence Act 2018 what is required when police receive a copy of a temporary or final protection order under 174(2)?

Answer 19

Answer:
Police must immediately establish whether the respondent and any associated respondent named in the order hold a firearms license

Question 20

What is the standard condition of every protection order section 98 that a respondent must abide by?

Answer 20

Answer:

– They must not possess or have under their control any weapon (which includes a firearm), and

– Hold of firearms license, and

– Surrender to a constable immediately any weapon and firearms license under their possession or control

Question 21

Under section 23 (1)(c) and 22H (b) of the Arms Act 1983 How many years is a person ineligible for applying for a firearms license once a final PO is made?

Who issues the respondent a written notice if a firearms license is revoked under a final protection order is in place?

Answer 21

Answer:
10 years from when the final protection order was made.

Answer:
An inspector or higher rank issues the respondent a written notice and ensure the holders firearm license and any firearm in their possession or control is surrendered.

Question 22

Firearm - Search… - Breach…- PO/PSO…

What powers does an officer have under s18 of the Search and Surveillance Act 2012?

Answer 22

Answer:
A constable who has reasonable grounds to suspect that in relation to a person may without a warrant do 1 or more of the following:

a) Search the person
b) Search anything in the person’s possession or under their control
c) Enter a place or vehicle to carry out activity under (a) or (b)
d) seize and detain any arms found
e) seize and detain any license under the Arms Act 1983 that is found

Subsection(2)
A. Breach of Arms Act 1983
B. By reason of his/her physical or mental condition (however caused)
- Is incapable of having proper control of the arms
- May kill or cause bodily injury to any person
C. Under Family Violence Act 2018
- A Protection Order or Police Safety Order is in place
- There are grounds to make an application against him/her for a P.O.

Question 23

Under s18 (3) of the Search and Surveillance Act 2012 what are a constables power of entry?

Answer 23

Answer:
Enter a place or vehicle without warrant
Search it and seize any arms or any firearm license if-

RGTS that a Cat 3 or Cat 4 offence has been, is being or will be committed; and

Evidential material in relation to Cat 3, Cat 4 offence or any offence against the Arms Act 1983

Question 24

In relation to hard armour plate system (HAP) is it necessary to be worn when deploying to an incident where a firearm is believed to have been present?

Answer 24

Answer:
Yes, with the exception of specialist groups employees must wear HAP. This includes circumstances where routine carriage of firearms has been authorized in response to a specific threat.

Question 25

What are two situations where an unintentional discharge may happen?

Answer 25

Answer:
Operator error - eg failure to follow procedure of unload state pre-op checks

Mechanical fault - issue with weapon that causes a discharge

Question 26

Is a Tactical Options Report (TOR) submitted by the person who used the force whenever a firearm has been discharged resulting in death or injury?

Answer 26

Answer:
No, it must be submitted by a supervisor and not the person who used the force.

Question 27

What is the procedure to making a seized firearm safe and how should it be stored

Answer 27

Answer:
- Assume the firearm is loaded
- Uplift the firearm with finger off the trigger pointed in safe direction
- Empty the magazine and action. Make the firearm safe
- Label firearm, ammunition and other exhibits
- Secure firearm and exhibits in an appropriate exhibit store