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 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 that further delay in apprehending the offender would be dangerous or impractical.
Police must only use a firearm for these lawful purposes:
S48
Defending themselves or others:
To defend themselves or other if they
-fear death or grievous bodily harm to themselves or others, and
-Cannot reasonably protect themselves or others in a less violent manner
S39
Arresting an offender:
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
S40
Preventing escape:
To prevent an offender escaping if
- police believe on reasonable grounds 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.
Destroying animals
To destroy animals in circumstances set out in the animals chapter of the Police manual
S62
Every person 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.
