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
The circumstances justifying Police firing at an offender can change very rapidly. Any employee who fires a shot must be personally satisfied through the 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 (proportionally): 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 others if:
- they fear death or grevious bodily harm to themselves or others, and
- cannot reasonably protect themselves or others in a less violent manner.
Police must only use a firearm for these lawful purposes S39
Arresting an offender
To arrest an offender if they:
- believe on reasonable grounds that the offender poses a threat of death or grevious bodily harm in resisting arrest, and
- the arrest cannot be reasonably effected in a less violent manner, and
- the arrest cannot be delayed without danger to other people.
Police must only use a firearm for these lawful purposes S40
Preventing Escape
To prevent an offender escaping if:
- Police believe on reasonable grounds that the offender poses a threat of death or grevious 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.
Excess force S62
Everyone authorized by law to use force is criminally responsible for an excess, according to the nature and quality of the act that constitutes the excess.
