R
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, fire orders and all relevant instructions and guidelines contained in the police firearms chapter of the police manual.
C1
Conditions to be satisfied before use:
The circumstances justifying police firing af an offender can change very rapidly. Any employee who fires a shot must be personally satisfied through their PCA that there exists justification for doing so.
C2
An offender must not be shit 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.
M 48
Making decisions to use:
Police must only use a firearm for these lawful purposes:
To defend themselves or others if:
- they fear death or GBH to themselves or others, and
- cannot responsibly protect themselves or others in a less violent manner.
M 39
To arrest an offender if they:
- believe on reasonable grounds that the offender poses a threat of death or GBH 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.
M 40
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 escape 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 if the police manual.
Restrictions on firing
There is no justification for firing at a suspect when they are no longer a threat to life. This applies regardless of the suspects previous actions.
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 and the margin for error impose a high probability of misdirection or ricochet increasing 5he risk of causing death, injury or damage.
