Fire Orders

Question 1

Responsibility for when knowing when firearms should 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 if 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 circumstance justifying police firing a shot at an offender can change rapidly. Any employee who fires a shot must be personally satisfied through their perceived cumulative assessment that there exists justification for doing so.

Question 3

Communication

Answer 3

They must have first been asked to surrender (unless impractical or unsafe to do so)

Question 4

Less violent alternatives(proportionality)

Answer 4

It must be clear they cannot be disarmed or arrested without firsts being shot, and

Question 5

Delay (necessity)

Answer 5

It must be clear that further delay in apprehending the offender would be dangerous or impractical

Question 6

Making decisions before use

Answer 6

Police must only use a firearm for these lawful purposes

Question 7

Defending themselves or others

S48 crimes act 1961

Answer 7

To defend themselves or others if ;

• They fear death or grevious bodily harm to themselves or others and ;
• Cannot reasonably protect themselves or others in a less violent manner
• the arrest cannot be delayed without danger to other people,

Question 8

Arresting an offender
(S39 crimes act 1961)
To arrest an offender if they;

Answer 8

Believe on reasonable grounds that the offender poses a threat if death or grevious bodily harm in resisting their arrest, and;

Question 9

Preventing escape
(S40 Crimes Act 1961)

To prevent an offender escaping if:

Answer 9

• police believe on reasonable grounds that the offender poses a threat of death or grevious bodily harm to any person (whether an identifiable individual or members of the public at large) and;
• the offender flees yo avoid arrest or escapes after arrest and;
• the flight or escape cannot reasonably be prevented in a less violent manner

Question 10

Destroying animals

Answer 10

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

Question 11

Excess of force

S62 crimes act 1961

Answer 11

Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess