Chapter 2.1 - Firearms & Taser Flashcards
S.66 Arms Act 1983 (Case Law Hepi v R)
Occupier of premises/driver of vehicle deemed to be in possession of FAPRIE unless they can prove it wasn’t their ppty and was possession of some other person.
What are your responsibilities when firearms are carried?
Advise immediate supervisor and Comms of their decision as soon as practicable. Deploy with TASER when one available. Must wear HAP (even in authorised routine carriage)
Principles applying when offenders are armed
- Ongoing TENR 2. Better to take seriously 3. Caution not cowardice 4. Focus on de-escalation/communication/prevention/cordon/wait and appeal 5. Never go unnecessarily into danger but must act immediately to prevent casualties 6. Treat as dangerous and hostile 7. Should only use where it doesn’t endanger others
Every employee who fires a shot must be what?
Personally satisfied through their PCA that there exists justification for doing so.
Offenders must not be shot without first considering what? (CPN - Can’t Prolong Now!)
Communication (asked to surrender unless impractical) Proportionality (can’t use less violent means) Necessity (delay dangerous/impractical)
Under what lawful purposes can police use firearms?
S.48 - defence of self/others where fear death/GBH
S.39 - arrest - RGB poses threat of death/GBH in resisting and can’t delay K9 without danger to others.
S.40 - Prevent escape - RGB poses threat of death/GBH (whether identifiable person or public at large) and flees to avoid K9/escapes after K9
AND FOR ALL….CAN”T BE EFFECTED IN A LESS VIOLENT MANNER
What are the circumstances where warning shots may be appropriate?
Suspect has been asked to surrender (if practical) and has not done so
AND
It has been clearly aimed as a warning shot.
MUST TAKE EXTREME CAUTION
In what circumstances must an incident controller be present or person appointed where firearms used?
This person must do what?
Where death or injury has occured or shots fired that could have caused death/injury to any person.
- Take control
- First Aid
- Manage scene
- Inform DC (who will initiate alcohol/drug test)
In all other circumstances of firearms discharge (not death/injury or risk of) incident controller/person appointed must take control and do what?
- Mark positions of officer/evidence
- Preserve cartridge cases/bullets/fragments
- Secure firearm/rounds/make safe/record action taken (DO NOT alter/remove accessories)
- Preserve/photograph where nec/relevant
- Advise employee’s supervisor who will advise DC
- Report Use of Force
- If unintentional discharge, follow procedure
- Commence review/investigation
- Debrief
In the event of an unintentional discharge (other than training) the operator must do what?
What steps must then be taken?
Notify supervisor or senior employee ASAP
Same as other instances of firearms discharge plus…
Notify District Police Professional Conduct Manager (PPCM)
Instigate review/debrief of facts
Send firearm/bullets/cartridge cases to armourer with detailed report
In what instances must a TOR be submitted by employees (re firearms)
PUDD
Presentation (except AOS/STG)
Unintentional Discharge (& no injury)
Discharge
Destruction of Animals
(except in training)
Who must submit a Fatality or Non-fatal Police Shooting TOR?
Supervisor (whenever death/injury occurs from firearms discharge)
In regards to a TASER, the operator must notify their supervisor in what circumstances?
When used or shown. Notify ASAP.
In rural locations, notify nearest duty supervisor.
What are a supervisor’s actions after the operational use of a TASER?
- Determine if need to attend
- Ensure aftercare/medical attention where appropriate
- Preserve scene & photograph
- Recover all evidence (incl 4-5 cartridge tags)
- Ensure those Tasered are seen by Dr or qualified ambo & exam recorded on Pol 42
- Ensure register completed
- TOR
- Upload/categorise/share with supervisor on Evidence.Com
- Review footage & TOR
- Note summary/outcome on TOR
What are a supervisor’s actions after the operational show of a TASER?
- TOR
- Record arcing in TASER register
- Upload/categorise/share in Evidence.Com
- Debrief & review footage/TOR
- Note summary/outcome on TOR
