F/Arms, Taser, Sudden Death, Policing Act, Victims Rights Act - Chapter 2 Flashcards
S.40 - On demand by Police person in POSSESSION of firearm, airgun, pistol, or restricted weapon to give name, address, and date of birth
(1) Every person in POSSESSION of any firearm, airgun, pistol, or restricted weapon shall, on demand, give his full name, address, and date of birth to any member of the Police who is in uniform or who produces evidence that he is a member of the Police.
(2) If any person REFUSES to give his name, address, or date of birth OR GIVES FALSE particulars thereof, any member of the Police –
(a) May CAUTION that person; and
(b) If that person persists in such refusal or fails or continues to fail to give the correct particulars, –
may ARREST him without warrant.
(3) Every person commits an offence and is liable on conviction to IMPRISONMENT for a term not exceeding 3 months or to a fine not exceeding $1,000 or to both who, in response to a demand under subsection (1) of this section, refuses to give his name, address, or date of birth or gives false particulars thereof to any member of the Police.
S.66 – OCCUPIER of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive found therein
For the purposes of this Act every person in occupation of any LAND or BUILDING or the DRIVER of any vehicle on which any firearm, airgun, pistol, imitation FIREARM, restricted weapon, or explosive IS FOUND shall, though not to the exclusion of the liability of any other person, BE DEEMED TO BE IN POSSESSION of that firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive, unless he PROVES that it was not his property and that it was in the possession of some other person.
Case Law - In summary, James Heta and Natalie Hepi were convicted of: unlawful possession of a firearm and explosive pursuant to s 45(1)(b) of the Arms Act 1983 and appellants appealed on the grounds of?
(a) misdirection on s 66 Arms Act in the judges summing up AND (b) misdirection as to the meaning of “OCCUPANCY” in s 66.
What was the outcome for the appeal in Heta v R?
It was HELD
The DC misdirected the jury on the meaning of possession which resulted in potentially an unsafe verdict; with regard to firearms and explosive. Convictions quashed.
Hepi v R case serves to show?
How S.66 operates as a ‘deeming’ provision; whereby an alleged offender can be ‘deemed’ to be in possession of arms/ammunition if proven that the alleged offender was in occupation of the relevant property. A presumption of such possession can be rebutted by the defence proving, on the balance of probabilities, that the arms/ammunition was in the possession of someone else, NOT the alleged offender(s).
Who can be deployed with firearms?
Only certified L1 RESPONDERS may deploy and use a Police firearm.
When can firearms be carried?
when their PCA OF A SITUATION or the immediate operating environment is that it IS in, or likely to escalate to be WITHIN, the DEATH/GBH RANGE as specified by the TOF in the Use of Force overview
A constabulary employee may carry firearms when on duty as a member of?
- AOS and STG
- DPS authorised by the supervisor of that squad
- Airport duties at any airport that is ‘security designated’ under the Civil Aviation Act 1990
- the role of ESCORTS and GUARDS for people CARRYING VALUABLES as authorised by a District Commander
- to DESTROY ANIMALS in circumstances set out in the Animals chapter
- for TRAINING purposes.
What are Police responsibilities when firearms are carried?
MUST:
- advise their immediate supervisor and COMM’s of their decision to deploy with firearms ASAP
- deploy with a TASER where one is available.
What must be worn when carrying firearms?
BALLISTIC ARMOUR
With the exception of specialist groups, employees must wear the approved hard armour plate (HAP) system in association with stab resistant body armour (SRBA) when deploying to an incident where they believe firearms are or could be present. This includes circumstances where routine carriage of firearms has been authorised in response to a specific threat.
When can Police use firearms?
- Training
- animal destruction
- as a tactical option
When dealing with an armed offender or an offender believed to be armed, you should observe these basic principles:
- Conduct an ongoing TENR assessment during the course of an incident.
- It is better to TAKE the matter too SERIOUSLY than too lightly.
- Caution is NOT COWARDICE.
- 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.
- NEVER go unnecessarily into danger. However, if the offender is acting in a way that makes CASUALTIES likely, police must act immediately to prevent this.
- Treat all armed offenders or offenders believed to be ARMED, as DANGEROUS and hostile unless there is definite evidence to the contrary.
- Where practical, police should not use a firearm unless it can be done without endangering other persons.
‘Fire Orders’ previously known as F61 means?
Is operationally specific instructions on the circumstances in which Police employees may use firearms.
Fire orders must be given accordingly…
Orders to be given during 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.
Orders to be given during 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
Orders that should be given…The responsibility for KNOWING when firearms may be used
Every Police employee issued with a firearm is personally responsible for ensuring they are thoroughly conversant with relevant law, particularly
S.39 Effecting arrest,
S.40 Preventing escape,
S.41 Preventing suicide,
S.48 Self defence, and
S.62 Excess force, of the Crimes Act 1961
Conditions of circumstances to be satisfied before using a firearm?
The circumstances justifying police firing at an offender can change very rapidly. Any employee who FIRES A SHOT MUST BE personally SATISFIED through THEIR PCA that there EXISTS JUSTIFICATION for doing so.
An offender must not be shot without first considering…
COMMUNICATION
-they must have first been asked to SURRENDER (unless it is impractical or unsafe to do so), and
LESS VIOLENT ALTERNATIVES
(Proportionality)
-it must be clear they CANNOT BE DISARMED OR ARRESTED WITHOUT FIRST BEING SHOT, and
DELAY (Necessity)
-it must be clear that FURTHER DELAY in apprehending the offender would be DANGEROUS or impractical
Police must only use a firearm for these lawful purposes…
S.39 Effecting arrest
S.40 Preventing escape
S.48 Self defence or others
Destroying animals
Restrictions on firing at an offender when there is no longer?
There is NO justification for FIRING at a suspect when they are NO LONGER A THREAT TO LIFE. This applies REGARDLESS OF the suspect’s previous ACTIONS.
As a general rule, warning shots should not be fired however, there may be circumstances where a WARNING SHOT MAY BE APPROPRIATE e.g…
-the suspect has been ASKED TO SURRENDER (if practical) AND HAS NOT done so, and
-it can be CLEARLY AIMED as a warning shot.
Take EXTREME CAUTION to safeguard the safety of others.
Can Police shoot at motor vehicles?
Shots may only be fired at moving vehicles in EXCEPTIONAL CIRCUMSTANCES
It is extremely DIFFICULT TO DISABLE A VEHICLE by discharging a firearm AT TYRES or other parts. The small target area and the margin for error impose a HIGH PROBABILITY OF MISDIRECTION or RICOCHET increasing the risk of causing death, injury or damage.
Discharge 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:
- take CONTROL of the scene
- ensure FIRST AID is rendered
- MANAGE the scene according to the principles contained in the Police involvement in deaths and serious injuries chapter
- inform the DISTRICT COMMANDER who in turn will initiate alcohol and drug testing of employees involved in the shooting in accordance with Commissioner’s Circular - Testing Police employees for alcohol and illegal drugs after a Police shooting.
In all other instances of firearms discharge (except for training and animal destruction) the incident controller present or the person appointed to do so must take control of the scene and then…
- MARK the discharging employee’s POSITION, empty cartridge CASES, bullet FRAGMENTS, and any other items or people associated with the discharge.
- PRESERVE the cartridge CASES and, where possible, the bullet or bullet FRAGMENTS.
3.SECURE the FIREARM and REMAINING ROUNDS making the firearm safe as soon as practicable RECORDING any action taken.
Note: On no account is the firearm to be altered or items/accessories removed.
- PRESERVE and PHOTOGRAPH the SCENE where it is believed this may be necessary or relevant for subsequent enquiries.
- Advise the employee’s immediate SUPERVISOR who will advise the District Commander. Report this use of force in compliance with the Use of Force reporting requirements. If the discharge has been unintentional, follow the procedure for Reporting and investigating unintentional discharges (no death or injury)
6.Commence review / INVESTIGATION into the incident.
Note: The scope and scale of the review / investigation will depend largely on the nature of the discharge and whether there was any potential for injury.
7.Conduct a DEBRIEF in compliance with the Debriefs chapter.
