2.1 Firearms & Taser Policy & Procedures

Question 1

Section 40 - Person in possession of firearm to provide details

Answer 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

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.

Penalty 3 months or $1000 fine.

Question 2

Section 66 - Possession of Firearms

Answer 2

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 3

What needs to be proved to rebut possession (s66)

Answer 3

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

Question 4

When can firearms be carried?

Answer 4

Only certified level one responders may deploy and use a Police firearm.

• Cumulative assessment falls within or likely to escalate within death/gbh
• AOS/STG/PPS
• Airport duties
• Escorting/guarding people with valuables
• Training
• Destroying animals
• Tactical option

Question 5

When dealing with an armed offender or believe an offender to be armed, you should

Answer 5

• 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
• 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.

Question 6

Fire Orders
Conditions to be satisfied before use

The circumstances justifying police firing at an offender can change very rapidly. Any employee who fires a shot must be personally satisfied through their perceived cumulative assessment that there exists justification for doing so.

An offender must not be shot without first considering —

Answer 6

• They have been asked to surrender (unless it is impractical to do so)
• There are no less violent means; 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 7

Fire Orders

Lawful purposes for using a firearm

Police must only use a firearm for these lawful purposes:

Answer 7

• S48 self defence or defence of another, if they fear death or grievous bodily harm to themselves or others, and cannot reasonably protect themselves or others in a less violent manner.
• S39 arrest an offender if believe on reasonable grounds that the offender poses a threat of death or grievous bodily harm in resisting their arrest, and the arrest cannot be reasonably effected in a less violent manner, and the arrest cannot be delayed without danger to other people.
• S40 prevent offender escaping if police believe on reasonable grounds that the offender poses a threat of death or grievous bodily harm to any person (whether an identifiable individual or members of the public at large), and the offender flees to avoid arrest or escapes after arrest, and the flight or escape cannot reasonably be prevented in a less violent manner.
• Destroying animals

Question 8

General rules around firing warning shots state

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

Shooting at 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

Where an incident involving death or injury has been caused through the discharge of a firearm by a Police employee or when an employee has fired shots that could have caused death or injury to any person, the incident controller present or the person appointed to do so must:

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

Actions in all other instances of firearms discharge (except training and animal destruction)

Answer 11

• mark the employee’s position
• preserve cartridge cases and bullet fragments where possible
• secure the firearm and remaining rounds
• preserve and photograph the scene
• advise the employee’s immediate supervisor who will notify the district commander
• Commence review/investigation
• Debrief

Note - same steps 1 to 5 for unintentional discharge, notify police professional conduct manager, debrief, send firearm to armoury

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

Employee to complete own Tactical Options Report on 4 occasions

Answer 13

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

Question 14

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

Answer 15

1) check to see if physical attendance is required (facetime)
2) ensure after care and medical attention is provided
3) preserve and photograph scene as may be necessary for further enquires. Collect 4-5 cartridge tags
4) ensure people who are TASER’D are seen by a registered medical practitioner, or qualified ambulance officer
5) ensure operator completes TASER register, TOR and uploads footage to evidence.com
7) review footage and TOR

Question 16

Fire Orders
(previously referred to as F061)

‘Fire Orders’ are operationally specific instructions on the circumstances in which Police employees may use firearms.

Fire orders must be given in these circumstances

Answer 16

Operational situations

• When firearms are issued before the start of authorised routine carriage and pre-planned operations, fire orders must be given by operation or unit commanders as part of the operation briefing.
• In all other operational situations where firearms are carried, if time and circumstances permit, supervisors must draw attention to the fire orders printed on the inside cover of the Police issue notebooks

Training
Every time employees receive formal firearms training they must be asked by the instructor to demonstrate their thorough knowledge and understanding of fire orders.

Question 17

Start of Fire Orders

Responsibility for knowing when firearms may be used

Answer 17

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 18

Supervisor’s action after operational TASER show

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

Answer 18

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 19

Responding to unintentional discharges

In the event of an unintentional discharge (other than in training), the operator involved in the discharge must notify their supervisor as soon as possible. The supervisor will then:

Answer 19

1 Preserve and photograph the scene where it is believed this may be necessary or relevant for subsequent enquiries.

2 Immediately withdraw the TASER from service and consult with the Police national Armoury as to whether or not the particular TASER and associated evidence is forwarded to them for examination and a report.

3 Ensure that all evidence, including the subject TASER, discharged cartridges, wires, probes and sufficient (4-5) cartridge identification tags (CIT), are recovered from the scene and secured.

4 Instigate a review of the facts surrounding the incident.
Note: The scope and scale of the review will depend largely on the nature of the discharge and whether there was any injury or potential for injury.

5 Ensure the operator(s) involved submits a tactical options report for unintentional discharge.

6 Ensure the operator(s) involved uploads the incident into Evidence.Com via Evidence Sync and categorises the uploaded data including the TOR and event details.

7 Ensure the operator completes the details of the discharge in the TASER register.

8 Notify the District Police Professional Conduct Manager.