FO61 Flashcards

1
Q

Minimum force to be used by police

Police employees must be aware of their _________________________ when using firearms.

A

PERSONAL RESPONSIBILITIES

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2
Q

Minimum force to be used by police

Under section 62 of the Crimes Act 1961 an employee is ________________________
for any excess force used. An overriding requirement in law is that ____________________ must be applied to effect the purpose

A
  1. CRIMINALLY LIABLE

2. MINIMUM FORCE

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3
Q

Minimum force to be used by police

Where practicable, Police should not use a firearm unless it can be done without ___________________ other persons

A

ENDANGERING

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4
Q

Conditions satisfied before firing
An offender __________________________ these conditions have been satisfied:
- They have first _________________________
(Unless it is impractical and unsafe to ask them)
- It is clear that they cannot be ____________________________ without first being shot; and
- further _______________________ the offender would be dangerous or impractical.

A
  1. MUST NOT BE SHOT UNTIL ALL
  2. ASKED TO SURRENDER
  3. DISARMED OR ARRESTED
  4. DELAY IN APPREHENDING
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5
Q

Responsibility for knowing when firearms may be used

A

Police employee issued with a firearm is personally responsible for ensuring they are thoroughly conversant with the 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.

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6
Q

Conditions to be satisfied before use of firearms.

A

The circumstances justifying police firing at an offender can change very rapidly. Any employee who fires a shot must be satisfied through their perceived Cumulative assessment that there exists justification for doing so

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7
Q

An offender must not be shot without first considering:

A
  1. Communication – they must have first been asked to surrender (unless it is impractical or unsafe to do so)
  2. Less violent alternatives (Proportionality)– it must be clear they cannot be disarmed or arrested without first being shot
  3. Delay (necessity) - it must be clear that further delay and apprehending the offender would be dangerous or impractical.
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8
Q

When can a firearm be used?
To____________________________ if:
- _____________________ to themselves or others, and
- cannot_______________________ themselves, or others, in a less violent manner

Act: ______________________________
Clue 48

A
  1. DEFEND THEMSELVES OR OTHERS
  2. FEAR DEATH OR GRIEVOUS BODILY HARM
  3. REASONABLY PROTECT
  4. SECTION 48, CRIMES ACT 1961
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9
Q

When can firearms be used?
To _______________ if they:
- believe on reasonable grounds that the offender poses a threat of _______________________; and
- the _______________ cannot __________________ in a less violent manner; and
- the ___________________________ danger to other people
Act:___________________________
Clue 39

A
  1. ARREST AND OFFENDER
  2. DEATH OR GRIEVOUS BODILY HARM IN RESISTING THEIR ARREST
  3. ARREST
  4. REASONABLY AFFECTED
    5 . ARREST CANNOT BE DELAYED WITHOUT
  5. SECTION 39 CRIMES ACT 1961
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10
Q

When can a firearm be used?
To _________________________ if:
- Police believe on reasonable grounds that the offender poses a threat of __________________ to any person (whether an identifiable individual or members of the public at large); and
- the offender _____________________________, or ______________________________; and
- the ____________________ cannot reasonably be prevented in a less violent manner
Act:______________________
Clue 40

A
  1. PREVENT AN OFFENDER ESCAPING
  2. DEATH OR GRIEVOUS BODILY HARM
  3. FLEES TO AVOID ARREST
  4. ESCAPES AFTER ARREST
  5. FLIGHT OR ESCAPE
  6. SECTION 40 CRIMES ACT 1961
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11
Q

When can firearms be used?

To _____________________________ in circumstances set out in the stock at large chapter of the Police manual

A

DESTROY ANIMALS

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12
Q

Excess Force

A

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

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13
Q

FO61 - Fire orders

A

Responsibility for knowing when firearms may be used
- Every police employees is responsible for ensuring they are thoroughly conversant with relevant law, particularly section 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 to fire at and offender can change very rapidly. An employees who fires a shot must be satisfied through the for perceived cumulative assessment there exists a justification for doing so.

And offender must not be shot without first considering:

  • Communication: They must have first been asked to surrender (unless it is impractical or unsafe to do so) and
  • less violent alternative: It must be clear the offender cannot be disarmed or arrested without first being shot, and
  • delay:It must be clear that further delay and apprehending the offender would be dangerous or impractical

POLICE MAY USE A FIREARM FOR THESE LAWFUL PURPOSES

48: To defend themselves or others if they fear death or grievous bodily harm to themselves or others, and they cannot Reasonably protect themselves or others and less violent manner.
39: To arrest and offender they believe in reasonable grounds the offender poses a threat of death or grievous bodily harm in resisting their arrest and, the arrest can not be reasonable affected in a less violent manner and, the arrest can not be delayed without danger to other people
40: to prevent and offender escaping of police have reasonable grounds to believe the offender poses a threat of death or grievous bodily harm to any person (whether an identifiable person or public at large) and, the offender flees before arrest or escapes after arrest and, the flight or escape can not be resonantly prevented in a less violent manner.

DA: To destroy animals and circumstances set out and stock at large chapter of police manual

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