Chap Two - Firearms & Taser Policy & Procedures - 2.1 Flashcards
Section 40 - Person in possession of firearm to provide details
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.
Section 66 - Possession of Firearms
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.
What needs to be proved to rebut possession (s66)
On the balance of probabilities that the firearm etc was not his property and that it was in the possession of some other person
When can firearms be carried?
- Cumulative assessment falls within death/gbh
- AOS or STG
- Airport duties
- To destroy animals
- For training
When dealing with an armed offender or believe an offender to be armed, you should
- 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 can firearms be used?
- Training
- Animal destruction
- As a tactical option
An offender must not be shot unless what?
- They have been asked to surrender (unless it is impractical to do so)
- There are no less violent means
- Further delay would be dangerous or impractical
What are the lawful purposes for Police using firearms? i.e. Sections of the Crimes Act
- S48 self defence or defence of another
- 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 e.g. the suspect has been asked to surrender and has not done so and it can be safely aimed as a warning shot
Shooting at vehicles
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.
Actions when firearm discharge involves injury or death
- 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.
Actions in all other instances of firearms discharge (except training and animal destruction)
- 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
Who issues the Tactical Options Report in regards to a
fatal or non-fatal Police shooting
The report must be submitted by a supervisor when a discharge results in injury or death
Employee to complete own Tactical Options Report on 4 occasions
1) Presentation
2) Discharge
3) Unintentional Discharge
4) Destruction of animal
Notifying supervisor when a TASER is shown or used
The employee must notify a supervisor as soon as practicable.
In the case of rural employees, they must notify the nearest on duty supersvisor
