Principles Applying When Offenders Are Armed
When dealing with an armed offender or an offender believed to be armed, you should observe these basic principles:
- 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.
Fire Orders -
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.
Fire orders -
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
Fire orders -
Making Decisions To Use
Police must only use a firearm for these lawful purposes:
Defending themselves or others (s48)
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 (s39)
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 (s40)
to prevent an offender escaping 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 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.
Excessive Force (s62)
Everyone 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.
Cardinal rules of safety:
- Treat all guns as loaded
- Always point the muzzle of a firearm in a safe direction.
- Always keep your finger out of the trigger guard until you are on target and have decided to fire.
- Always be sure of your target and be aware of what is behind and around it
- Safe direction can be defined as if an unintentional discharged occurred no human injury and minor property damage would result.
When To Complete Safety Precautions
Complete safety precautions in any of the following circumstances:
- Whenever you take control of a firearm that has not been in your direct continuous control.
- Whenever you are unsure about the state or condition of the firearm.
- Before attempting to field strip the firearm.
- Whenever you pass control of a firearm to another person.
NEW ZEALAND BILL OF RIGHT ACT 1990
Sec 23 - RIGHTS OF PERSONS ARRESTED OR DETAINED
(1) Everyone who is arrested or who is detained under any enactment—
(a) Shall be informed at the time of the arrest or detention of the reason for it; and
(b) Shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and
(c) Shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.
Fire orders
Defending themselves or others (s48)
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.
Fire orders
Arresting an offender (s39)
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.
Fire orders
Preventing escape (s40)
to prevent an offender escaping 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 reasonably be prevented in a less violent manner.
Fire orders
Destroying animals:
To destroy animals in circumstances set out in the Animals chapter of the Police Manual.
Fire orders
Excessive Force (s62)
Everyone 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.
Principles Applying When Offenders Are Armed (Checkpoint)
- It is better to take the matter too seriously than too lightly. You must treat all offenders who are armed or believed to be armed as dangerous and hostile until it has definitively been established that they are not.
- You must make every effort to prevent casualties to the public and your colleagues in the Police
- No Police officer is required to take risks by making unnecessary approaches to the offender. Avoid impetuous and careless actions. Caution is not cowardice and needlessly sacrificing a life is never the answer to a situation.
- Take immediate action to prevent casualties if the offender’s behaviour makes you believe that that is necessary.
