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,

particularly 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 ( blurb and 3 things)

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.

Communication - They must first be asked to surrender (unless it is impractical or unsafe to do so), and

Less violent alternatives (Proportionatily) - 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 (Necessity to act)

Question 3

Police must only use a firearm for these lawful purposes:

Answer 3

Defending themselves or others (Section 48)

to defend themselves or others if:

• They fear death or previous bodily harm to themselves or others and,
• cannot reasonably protect themselves or others in a less violent manner

Arresting an offender (Section 39)

to arrest an offender if they:

• 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.

Preventing escape (Section 41)

to prevent the escape of an offender 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 be reasonably prevented in a less violent manner.

Destroy Animals

To destroy animals in circumstances set out in the Animals chapter of the Police Manual.

Question 4

Warning Shots

Answer 4

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 clearly be aimed as a warning shot

Take extreme caution to safeguard the safety of others.