(1) 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 their PCA that there exists justification for doing so.
A 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 (proportionately)
• 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.
(3) Making decisions to use
Police may only use a firearm for these lawful purposes:
DEFENDING THEMSELVES OR OTHERS
(S48 CA 1961
To defend themselves or others if:
- they fear death or GBH to others, and
- cannot reasonably protect themselves in a less violent manner.
(3) MAKING DECISIONS TO USE
Police may only use a firearm for these lawful purposes:
ARRESTING AN OFFENDER
(S39 CA 1962)
To arrest an 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 effected in a less violent manner, and
- the arrest cannot be delayed without danger to other people.
(3) MAKING DECISIONS TO USE
Police may only use a firearm for these lawful purposes:
PREVENTING ESCAPE
(S40, CS 1961)
To prevent 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.
(3) MAKING DECISIONS TO USE
Police may only use a firearm for these lawful purposes:
Destroying 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 the basic principles:
- Conduct an…
- Conduct ongoing TENR assessment during the course of an incident.
When dealing with an armed offender or an offender believed to be armed, you should observe the basic principles:
- It is better…
- It is better to take the matter too seriously than too lightly.
When dealing with an armed offender or an offender believed to be armed, you should observe the basic principles:
3.
- Caution is not cowardice.
When dealing with an armed offender or an offender believed to be armed, you should observe the basic principles:
- When the offender’s actions permit, focus…
- 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.
When dealing with an armed offender or an offender believed to be armed, you should observe the basic principles:
- Never go unnecessarily…
- 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.
When dealing with an armed offender or an offender believed to be armed, you should observe the basic principles:
- Treat all armed offenders or offenders…
- Treat all armed offenders or offenders believes to be armed, as dangerous and hostile unless there is definite evidence to the contrary.
When dealing with an armed offender or an offender believed to be armed, you should observe the basic principles:
- Where practical, Police should not…
- Where practical, Police should not use a firearm unless it can be done without endangering persons.
Cardinal Rules
- Treat all firearms as loaded.
Treat all firearms as if they are loaded until you have UNLOADED the firearm and it has been proven safe.
