2.1 Firearms & Taser Policy & Procedures Flashcards
Section 66 - What is defined as Possession of Firearms
- Every person in occupation of any land or driver of any vehicle
- In which any firearm weapons 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
What is the threshold of proof and what needs to be proved to rebut possession (S66) Arms Act
- The balance of probabilities
- And that the firearm was not their property
- And that it was in the possession of some other person
In what circumstances or duties can firearms be carried by Police?
FASTED
- When your PCA falls within FEAR of death/GBH
- AIRPORT duties
- STG, AOS, DPS
- for TRAINING
- ESCORTS or guard for perp carrying valuables (eg Cash in Transit)
- to DESTROY animals
When dealing with an armed offender or an offender believed to be armed,
You should proceed how?
- Treat all offenders believed to be armed as dangerous and hostile unless there is definite evidence to the contrary
- Conduct and ongoing TENR
- It is better to treat the matter too seriously than too lightly
For Police - What situations can firearms be used? (3)
- Training
- Animal Destruction
- Tactical Option
An offender must not be shot unless what?
FOLD
An offender must not be shot unless
- Officer FEARS death/GBH
- OFFENDER has been asked to surrender (unless impractical to do so)
- There is not LESS violent means
- Further DELAY would be dangerous or impractical
What are the lawful purposes for Police using firearms?
4 Sections of the Crimes Act
- S48 Self defence
- S39 Arrest
- S40 Prevent Escape
- Destroying animals
General rules around firing warning shots state…
- Warning shots should not be fired
- However, there are circumstances where a warning shot may be fired
- eg the suspect has been asked to surrender
- And has not done so and it can be safety aimed as a warning shot
Can you shoot at a moving vehicle?
- 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 misdirection/ricochet increasing the risk of causing death, injury or damage
Actions to be undertaken when firearm discharge involves injury or death (4)
CRAM
- 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
What actions should be taken in all other instances of firearm discharge (except training and animal destruction) not involving injury or death (7)
S.M.A.P.P.I.D
- SECURE the firearm and remaining rounds
- MARK the discharging employee’s position, empty cartridge cases, bullet frag
- ADVISE the employees 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
Who completed the Tactical Options Report in regards to a fatal or non-fatal shooting
The report must be submitted by a supervisor when a discharge results in injury or death
Employee are to completed their own Tactical Options Report (TOR) on 4 occasions, What are they?
- Presentation (exception of AOS and STG)
- Discharge (other than training)
- Animal Destruction
- Unintentional Discharge (no injury involved )
Notifying supervisor what a TASER is shown or used, Who and When?
- The employee must notify a supervisor as soon as practicable
- In the cases of rural employees, they must notify the nearest on duty supervisor
What are the supervisors actions after an employees operational use of a TASER
Hint: PMPEMUR
- PHYSICAL ATTENDANCE
check to see if physical attendance is required - MEDICAL ATTENTION
ensure after care and medical attention is provided - PRESERVE SCENE
preserve and photograph the scene as may be necessary for further enquires - EVIDENCE COLLECTION
collect 4 - 5 cartridge tags - MEDICAL PRACTIONER
ensure people who are tased are seen by a registered medical practitioner or qualified ambo - UPLOAD FOOTAGE
ensure the operator completes TASER register, TOR and uploads the footage to evidence.com - REVIEW
review footage and TOR
Section 33 of the Policing Act 2008, relates to identifying particulars for summons.
- What powers do Police have regarding this?
- A constable who has good cause to suspect
- A person of committing an offence
- And intends to proceed by summons
- Can detain the person
- In any place
- To take identifying particulars (details, fingerprints)
- Only for a necessary period to take particulars
When is a firearms licence 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:
- When that person who commits an offence against the act and at the time was carrying or had with them a weapon
- 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
In relation to Police Safety Orders, under what section of the Family Violence Act can a persons firearms licence be suspended?
And what actions should be taken?
Answer
- Under section 40 of the FV Act 2018 while a PSO 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 and any weapons in their possession or under their control
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:
Police must immediately establish whether the respondent and any associated respondent named in the order holds a firearms licence
What is the standard condition of every Protection Order, Section 98 that a respondent must abide by?
Answer:
- They must not posses or have under their control any weapons (which includes a firearm) and
- Hold a firearms licence and
- Surrender to a constable immediately any weapons and firearms licence under their possession or control
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 Protection Order is made?
Who issues the respondent a written notice if a firearms licence is revoked under a final protection order is in place?
Answer:
10 years from when the final protection order was made.
Answer:
An inspector or higher rank issues the respondent a written notice and ensures the holders firearms license and any firearm in their possession or control is surrendered.
What powers does an officer have under S18 of the Search and Surveillance Act 2012?
- Firearm, Search, Breach PO/PSO
You may
- search the person
- or anything in their possession or under their control (including a vehicle)
- enter a place or vehicle to
- search and seize any arms found
- seize any firearms licence found
When?
- If you have RGTS a person is carrying arms or is in possession of them, and
- they are in breach of the Arms Act 1983 or
- by reason of their physical or mental condition, are incapable of having proper control or may kill or cause bodily injury to any person
- under the Family Violence Act, a PO or a PSO is in place
Unless impracticable obtain approval from a Sgt.
Under s18(3) of the S&S Act 2012, what are a constable power of entry?
Answer:
- Enter a place or vehicle with our warrant
- Search it and seize any arms or any firearms licence if
- RGTS that a Cat 3 or 4 offence has been, is being or will be committed and
- Evidential material in relation to that offence or any offence against the Arms Act is in the place
In relation to hard armour plate system (HAP) is it necessary to be won when deploying to an incident where a firearm is believed to have been present?
Answer:
- Yes, with the exception of specialist groups employees must wear HAP
- This includes circumstances where routine carriage of firearms has been authorised in response to a specific threat
What are two situations where an unintentional discharge may happen?
Answer:
- Operator error - eg failure to follow procedure of the unload state/pre-op checks
- Mechanical fault - issue with weapon that cause a discharge
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:
No, it must be submitted by a supervisor and not the person who used the force
What is the procedure to making seized firearm safe and how should it be stored.
Answer:
- Assume the firearm is loaded
- Uplift the firearm with finger off the trigger pointed in a safe direction
- Empty the magazine and action, make the firearm safe
- Label firearm, ammunition and other exhibits
- Secure the firearm and exhibits in an appropriate exhibit store
