Fire orders Flashcards
Discuss the responsibilities for knowing when to use firearms
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, amd 62 of the crimes act 1961, and all relevant instructions and guidelines contained in the chapter.
Discuss the conditions that must be meet before the use of firearms
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.
Discuss the 3 things that must be considered before an offender is shot.
Communication - They must have first been asked to surrender (unless impractical to do so) AND
Less violent means - 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.
Police must only use firearms for a lawful purpose discuss section S39 (Fire orders)
To arrest an offender
- Believe on reasonable grounds that the offender poses a threat of death or GBH in resisting their arrest AND
- the arrest cannot be reasonable be effected in a less violent manner AND
- The arrest cannot be delayed without the danger to other people.
Police must only use firearms for a lawful purpose discuss section S40 (Fire Orders)
To prevent escape
- Police believe on reasonable grounds that the offender poses a threat of death or GBH to any person(whether an identifiable individual or member of the public) AND
- The offender flees or avoids arrest or escapes after arrest AND
- The flight or escape cannot be reasonably be prevented in a less violent manner
Police must only use firearms for a lawful purpose discuss section S48 (Fire orders)
To defend themselves or others
- If they fear that death or GBH to themselves or others
- Cannot reasonably protect themselves or others in a less violent manner
Can you use firearms to destroy animals
YEs, to destroy animals in circumstances set out in the animals chapter of the Police manual.
Discuss section 39 CA61 - Force used in the executing process or in an arrest
- Where any person is justified or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant or process or in making or assisting to make any arrest that justification or protection shall extend and apply to the use by him or her of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant or process can be executed or the arrest made by reasonable means in a less violent manner, provided that, except in the case of a constable or a person called upon by a constable to assist him or her, this section shall not apply where the force used is intended or likely to cause death or GBH.
Section 40 Crimes Act 1961- Preventing escape or rescue:
- Where any person is lawfully authorised to arrest or tio assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, that authority, justification, or protection, as the case may be shall extend and apply to the use of such force as may be necessary –
- To prevent escape of that person if he or she takes to flight in order to avoid arrest; or
- To prevent he escape or rescue of that person after his or her arrest-
- Unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner: provided that, except in the case of a constable or a person called upon by a constable to assist him or her, this subsection shall not apply where forced used is intended or likely to cause death or GBH.
- Where any prisoner of a prison is attempting to escape from lawful custody, or is fleeing after having escaped therefrom, every constable, and every person called upon by a constable to assist him or her, is justified in using such force as may be necessary to prevent the escape of or to recapture the prisoner unless in any such case the escape can be prevented or the recapture effected by reasonable means in a less violent manner.
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Section 41 Crimes Act 1961 Prevention of suicide or certain offences:
- Everyone is justified in using such force as may be reasonably necessary in order to prevent the commission of suicide, or the commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one, or in order to prevent any act being done which he or she believes, on reasonable grounds, would, if committed, amount to suicide or any such offence.
Section 48 Crimes Act 1961:
- Everyone is justified in using, in the defence of himself, herself or another, such force as, in the circumstances as he or she believes them to be, it is reasonable to use.
Section 62 Crimes Act 1961:
- Everyone 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.
Section 7 - Entry without warrant to arrest person unlawfully at large
A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds-
(a) To suspect that a person is unlawfully at large; and
(b) To believe that the person is there.
Section 9- Stopping vehicle to find persons unlawfully at large or who have committed certain offences.
A constable may stop a vehicle without warrant to arrest a person if the constable has reasonable grounds to suspect that a person is unlawfully at large OR has committed an offence punishable by imprisonment and to believe that the person is in or on the vehicle.
Section 14- Warrantless entry to prevent offence or respond to life or safety.
(1) A Constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a place or vehicle may-
(a) Enter the place or vehicle without warrant; and
(b) Take any action that he or she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.
(2) The circumstances are as follow:
(a) An offence is being committed, or is about to be committed that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:
(b) There is risk to the life or safety of any person that requires an emergency response.
