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
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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.
- Communication - They must first be asked to surrender unless it is impractical or unsafe to do so, and
- Less violent alternatives (Proportionatily) - 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.
Police must only use a firearm for these lawful purposes:
Defending themselves or others (Section 48) 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.
Arresting an offender (Section 39) 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.
Preventing escape (Section 41) to prevent the escape of an offender 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 be reasonably prevented in a less violent manner.
Destroy Animals: To destroy animals in circumstances set out in the Animals chapter of the Police Manual.
When dealing with an armed offender or an offender believed to be armed, you should observe these basic principles “7”
- Conduct an ongoing [TENR] assessment during the course of an [incident].
- It is better to take the matter too [seriously] than too [lightly].
- Caution is not [cowardice].
- When the offender’s [actions] permit, focus on [de‐escalation], [communication], and [prevention], cordon the area, and [adopt] the wait and [appeal] role in order to [negotiate] a [surrender].
- Never go [unnecessarily] into [danger]. However, if the offender is acting in a way that makes [casualties] likely, Police must act [immediately] to [prevent] this.
- Treat all armed offenders or offenders [believed] to be armed, as [dangerous] and [hostile] unless there is [definite] [evidence] to the [contrary].
- Where [practical], Police should not use a firearm unless it can be done without [endangering] other persons.
Warning Shots
- 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.
Shooting at motor vehicles
- 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] area and the [margin] for error impose a high [probability] of [misdirection] or [ricochet] increasing the risk of causing [death], [injury] or [damage].
