Fire Orders

Question 1

Fire Orders

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.

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.

An offender must not be shot without first considering —
Communication - They must have first been asked to surrender (unless it is impracticable or unsafe to do so), and
Less violent alternatives (Proportionality) - It must be clear they cannot be disarmed or arrested without first being shot, and
Delay (Necessity) - It must be clear that further delay in apprehending the offender would be dangerous or impractical

Making decisions to use

Police must only use a firearm for these lawful purposes:

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. (Section 48)

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. Section 39

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. Section 40

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

Question 2

Warning shots

Answer 2

As a general rule, warning shots should not be fired.
However, there may be circumstances where a warning shot may be appropriate e.g:
- 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 the safety of others.

Question 3

Restrictions on firing

Answer 3

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