Firearms and Taser Flashcards
Section 40 - person in possession of firearm to provide details
Every person in possession of any firearm, weapon etc shall on demand, give his full name, address and DOB to any member of police who is in uniform or produces evidence that they are a member of the police.
If the person refuses to provide details, the police member may caution that person and arrest if they continue to refuse or fail to provide correct particulars;.
Penalty 3 months imprisonment or $1000 fine.
Section 66 - Possession of firearm
Every person in occupation of any land or driver of any vehicle in which any firearm, weapon etc ids found is deemed to be in possession of that weapon unless he proves that it was not his property and that it was not in his possession and of some other person.
What needs to be proved to rebut possession (section 66)
On the balance of probability that the firearm was NOT his property and that it was in possession of some other person.
When can firearms be carried?
- cumulative assessment falls withing death/gbh
- AOS or STG
- airport duties
- to destroy animals
- for training
When dealing with an armed offender or believe an offender to be armed you should?
- treat all offenders believed to be armed as dangerous and hostile unless there is definite evidence to the contrary
- conduct an ongoing TENR
- it is better to treat the matter too seriously than too lightly
When can firearms be used?
- training
- animal destruction
- as a tactical option
What are the lawful purposes for police using firearms?
- 48 - self defence or defence of another
- 39 - arrest
- 40 - prevent escape
- destroying animals
Crimes Act 1961
An offender must NOT be shot unless what?
- they have first been asked to surrender (unless impracticable to do so)
- there are no less violence means
- further delay would be dangerous or impracticable
General rules around firing a warning shot state:
Warning shots should not be fired
However there are circumstances where a warning shot may be fired eg. the suspect has been asked to surrender and and has NOT done so and it can be safely aimed as a warning shot.
Shooting at vehicles
Shots may only be fired at moving vehicles in exceptional circumstances.
It is extremely difficult to disable a moving vehicle by shooting at tyres. There is a high probability of misdirection, ricochet increasing the risk of causing death, injury or damage.
Actions when firearm discharge involves injury or death
- take control of the scene
- render first aid
- manage the scene
- advise the district commander who will initiate alcohol and drug testing of the employees involved
Actions in all other instances of firearm discharge (except training and animal destruction)
- make employee position
- preserve cartridge cases and bullet fragments where possible
- secure the firearm and remaining rounds
- preserve and photograph scene
- advise employees’ immediate supervisor who will notify the district commander
Who issues the tactical options report in regards to a fatal or non fatal police shooting?
The report must be submitted by a supervisor when a discharge results in injury or death.
Employee to complete own T.O.R on 4 occasions
- presentation
- discharge
- unintentional discharge
- destruction of animals
Notifying supervisor when a TASER is shown or used
The employee must notify a supervisor as soon as practicable.
In the case of rural employees they must notify the nearest on duty supervisor.
