F61

Question 1

Responsibility for knowing when firearms may be used

Answer 1

Every Police employee issued with a firearm is personally responsible for ensuring they are thoroughly conversant with relevant law sections 39, 40, 41 48 and 62 of the Crimes Act 1961 and all relevant instructions and guidelines contained in this chapter

Question 2

Conditions to be satisfied before use

Answer 2

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 considering-
Communication: they must have first been asked to surrender unless it is impractical or unsafe to do so
Less violent alternatives: it must be clear they cannot be disarmed or arrested without first being shot and
Delay: it must be clear that further delay in apprehending the offender would be dangerous or impractical

Question 3

Making decisions to use

Answer 3

Police must only use a firearm for these lawful purposes:

To defend themselves or others if they fear death or gbh to themselves or others and cannot reasonably protect themselves or others in a less violent manner.

To arrest an offender if they believe on reasonable grounds that the offender poses a threat of death of gbh 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.

To prevent an offender escaping if police believe on reasonable grounds that the offender poses a threat of death or gbh to any person whether an identifiable individual or members of the public 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.

To destroy animals in circumstances in circumstances set out in the animals chapter of the police manual.

Question 4

Restrictions on firing

Answer 4

There is no justification for firing at a suspect when they are no longer a threat to life. This applies regardless of the suspects previous actions.

Question 5

Warning shots

Answer 5

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.

Question 6

Shooting at motor vehicles

Answer 6

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 and the margin for error impose a high probability of misdirection or ricochet increasing 5he risk of causing death, injury or damage.