Fire Orders

Question 1

Destroy animals

Answer 1

To destroy animals in circumstances set out in the Animals chapter of the Police manual

Question 2

Section 62

Answer 2

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.

Question 3

Section 40

Answer 3

Preventing escape,
- RGTB poses threat of GBH/Death to any person.
- Offender flees to avoid arrest or escapes after arrest.
- The flight or escape cannot reasonably be prevented in a less violent manner.

Question 4

Section 39

Answer 4

Arresting an offender.
- RGTB poses a threat of GBH/Death in resisting their arrest.
- The arrest cannot be reasonably effected in a less violent manner, and
- The arrest cannot be delayed without danger to other people.

Question 5

Section 48

Answer 5

Defending themselves or others
- They fear GBH/Death to themselves or others and
- Cannot reasonably protect themselves or others in a less violent manner

Question 6

Conditions to be satisfied before use: Condition 1

Answer 6

Communication,
They must have first been asked to surrender unless impractical or unsafe to do so.

Question 7

Conditions to be satisfied before use:
Condition 2

Answer 7

Less violent alternatives (proportionality).
It must be clear they cannot be disarmed or arrested without first being shot.

Question 8

Conditions to be satisfied before use:
Condition 3

Answer 8

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

Question 9

Conditions to be satisfied before use:

Answer 9

Any employee who fires a shot must be personally satisfied through their perceived cumulative assessment that there exists justification for doing so.

Question 10

Responsibility for knowing when firearms may be used

Answer 10

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 11

Warning shots

Answer 11

General rule - don’t.

However, there may be circumstances where a warning shot may be appropriate.
- The suspect has been asked to surrender (if practical) and has not done so and,
- It can be clearly aimed as a warning shot.

Take extreme caution to safeguard others

Question 12

Restrictions on firing

Answer 12

There is no justification for firing at a suspect when they are no longer a threat to life. The applies regardless of the suspects previous actions.

Question 13

Shooting at Vehicles

Answer 13

Shots may only be fired at moving vehicles in exceptional circumstances

It is extremely difficult to disable a vehicle by discharging a firearm at tyres or other parts. The small target and the margin for error impose a high probability of misdirection or ricochet increasing the risk of causing death, injury or damage.