Fire orders

Question 1

Fire orders part 1

Answer 1

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 sections 39, 40, 41, 48 and 62 of the Crimes Act 1961, and all relevant instructions and guidelines contained in this chapter.

Question 2

Fire orders part 2

Answer 2

Conditions to be satisfied before use

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

Fire orders part 3

Answer 3

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.

Delay (necessity): It must be clear that further delay in apprehending the offender would be dangerous or impractical.

Question 4

Fire orders part 4

Answer 4

Making decisions to use

Police must only use a firearm for these lawful purposes:

Section 48

Defending themselves or others

To defend themselves or others if:

• They fear death or grievous bodily harm to themselves or others, and
• Cannot reasonably protect themselves or others in a less violent manner.

Question 5

Fire orders part 5

Answer 5

Section 39

Arresting an offender

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.

Question 6

Fire orders part 6

Answer 6

Section 40

Preventing escape

To prevent an offender escaping 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 reasonably be prevented in a less violent manner.

Question 7

Fire orders part 7

Answer 7

Destroying animals

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

Question 8

Fire orders Part 8

Answer 8

Section 62

Excess of force

• 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.