Fire Orders 🔥

Question 1

Responsibility for knowing when firearms may be used

Answer 1

Every Police employee issued with a firearm must br personally responsible for ensuring they are thoroughly conversant in the relevant law, particularly sections 39,40,41,48 and 62 of the crimes act 1961, and all relevant instructions and guidelines co trained 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

1. Communication - they must have first been asked to surrender (unless ir is impractical or unsafe to do so.
2. Less violent alternatives (proportionality) - it must be clear that they can not be disarmed or arrested without first being shot.
3. Delay (necessity): it must be clear that further delay in apprehending the offender would be dangerous or impractical.

Question 4

Making Decisions to use: Defending themselves or others (s48)

Answer 4

Police must only use a firearm for the following purposes:
To defend themselves or others if :
They fear death or gracious bodily harm to themselves or others,and
Cannot reasonably protect themselves or others in a less violent manner

Question 5

Making decisions to use : Arresting an Offender (s39)

Answer 5

Police must only use a firearm to arrest an offender if they:
Believe on reasonable grounds that the Offender poses a threat of death of grievous bodily harm in resisting their arrest, and
The arrest can not be reasonably effected in a less violent manner, and
The arrest cannot be delayed without danger to other people.

Question 6

Making decisions to use : Preventing Escape (s40)

Answer 6

Police must only use a firearm to prevent an offender from 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 can not reasonably be prevented in a less violent manner.

Question 7

Excess of Force (s62)

Answer 7

Everyone authorized by law to use force is criminally responsible for any excess,according to the nature and quality of the act that constitutes the excess.