Fire Orders

Question 1

Responsibility for knowing when firearms may be used

Answer 1

Every police employee issued with a firearm is personally responsible for being throughly conversant with the relevant laws including Sections 39, 40, 41, 48 & 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.

Question 3

An offender must not be shot without first considering:

Answer 3

Communication - they must have first been asked to surrender unless impractical or unsafe to do so and …
Less Violent Alternatives (Proportionality) - It must be clear they cannot be disarmed or arrested w/o first being shot and …
Delay (Necessity) - It must be clear that further delay in apprehending the offender would be dangerous or impractical

Question 4

Making decisions to use - Police must only use a firearm for these lawful purposes:

Answer 4

Defending themselves of others (S48 Crimes Act 1961):
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.

Arresting an offender (S39 Crimes Act 1961):
To arrest an offender if they….
- believe on reasonable grounds that the offender poses a threat of death or gbh in resisting their arrest, and
- the arrest cannot reasonably be effected in a less violent manner, and
- the arrest cannot be delayed without danger to other people.

Preventing Escape (S40 Crimes Act 1961):
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 at large), 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.

Destroying Animals:
To destroy animals n circumstances set out in the animals chapter of the police manual