Fire Orders

Question 1

(1) Responsibility for knowing when firearms may be used

Answer 1

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 CA1961, and all relevant instructions and guidelines contained in this chapter.

Question 2

(2) Conditions to be satisfied before use

Answer 2

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

Question 3

An offender must not be shot without first considering-

Answer 3

Communication- they must have first been asked to surrender (unless impractical 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 further delay in apprehending the offender would be dangerous or impractical.

Question 4

(3) Making decisions to use.

Police must only use a firearm for these lawful purposes:

Answer 4

Defending themselves or others - Section 48

Arresting an offender - Section 39

Preventing Escape - Section 40

Destroying animals

Question 5

S48 Defending themselves or others

Answer 5

To defend themselves or others if:

• they fear death or GBH to themselves or others, AND
• cannot reasonably protect themselves or others in a less violent manner.

Question 6

S39 Arresting an offender

Answer 6

To arrest and offender if they:

• believe on reasonable grounds that the offender poses a threat of death or GBH in resisting their arrest, AND
• the arrest cannot be reasonably be effected in a less violent manner, AND
• the arrest cannot be delayed without danger to other people.

Question 7

S40 Preventing escape

Answer 7

To prevent an offender escaping if:

• police believe on reasonable grounds that the offender poses a threat of death or GBH 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.

Question 8

Destroying animals.

Answer 8

To destroy animals in circumstances set out in the animals chapter of the police manual.