2. Firearms and Taser

Question 1

Must know - Section 40 of the Arms Act 1983 - What must every person in possession of a firearm, air gun, pistol or restricted weapon do when asked by a police member in uniform or who produces evidence of being a member of police.

Answer 1

on demand,

give his full name, address, and date of birth

Question 2

Must know -Section 40 of the Arms Act 1983. What must I do if they refuse to give details

Answer 2

May caution that person;

and If that person persists in such refusal or fails or continues to fail to give the correct particulars,

–may arrest him without warrant.

Question 3

Section 40 of the Arms Act 1983. What is the penalty

Answer 3

for a term not exceeding 3 months imprisonment and/or $1,000

Question 4

Must know -Section 66 of the Arms Act 1983. This section relates to the the driver or a vehicle or occupier . What weapons does this relate to?

Answer 4

firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive

Question 5

Must know -Section 66 of the Arms Act 1983. What is the gist of the section?

Answer 5

occupier of any land or building or the driver of any vehicle is deemed to be in possession of that firearm airgun, pistol, imitation firearm, restricted weapon, or explosive

Question 6

Must know -Section 66 of the Arms Act 1983- What is the exception to this

Answer 6

proves that it was not his property and that it was in the possession of some other person

Question 7

Must know -Section 66 of the Arms Act 1983- Caselaw. On what ground were the convictions quashed for unlawful possession of a firearm on premises owned by the defendant

Answer 7

The District Court misdirected the jury on the meaning of possession which resulted in potentially an unsafe verdict; with regard to firearms and explosive. Convictions quashed.

Note: this case serves to show how s66 operates as a ‘deeming’ provision;

whereby an alleged offender can be ‘deemed’ to be in possession of arms/ammunition if proven that the alleged offender was in occupation of the relevant property. A presumption of such possession can be rebutted by the defence proving, on the balance of probabilities, that the arms/ammunition was in the possession of someone else, NOT the alleged offender(s).

Question 8

Must know -What are the five requirements for police to carry a firearm?

Answer 8

when their perceived cumulative assessment of a situation is that it is in, or likely to escalate to be within, the death/grievous bodily harm range as specified by the Tactical Options Framework

AOS/STG/Protection services

Escorts for valuables

to destroy animals in circumstances set out in the Animals chapter for

training purposes.

Question 9

Who can be deployed with firearms

Answer 9

Only level one responders

Question 10

Who must officers advise of their decision to carry firearms.

Answer 10

their immediate supervisor

and the Police Communications Centre

Question 11

When must I wear HAP

Answer 11

Every time when deploying to an incident where firearms could be present.

Question 12

Must Know - Under F61 ( Fire orders) describe the the four proposes firearms can be used.

Answer 12

Defending themselves or another - Section 48, Crimes Act 1961

Arresting an offender- Section 39 Crimes Act 1961

Prevent escape Section 40 Crimes Act 1961

Destroying animals

Question 13

Must Know - Under F61. With each of these sections what must you believe?

Answer 13

believe on reasonable grounds they fear death or grievous bodily harm to themselves or others, and

cannot reasonably protect themselves pr others/arrest/prevent escape in a

less violent manner.

Question 14

Must Know- When are the three times a firearm can be used?

Answer 14

Training

animal destruction

tactical option.

Question 15

Must Know- Under F61. What are three things you must consider before shooting?

Answer 15

Communication

Less violent alternatives (Proportionality)

Delay (Necessity)

they must have first been asked to surrender (unless it is impractical or unsafe to do so), and it must be clear they cannot be disarmed or arrested without first being shot, and it must be clear that further delay in apprehending the offender would be dangerous or impractical

Question 16

Can I shoot an offender who is no longer a threat?

Answer 16

There is no justification for firing at a suspect when they are no longer a threat to life.

Question 17

Can I fire warning shots?

Answer 17

As a general rule, warning shots should not be fired.

Question 18

If I were to fire a warning shot what must I consider?

Answer 18

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.

Question 19

What circumstances must exist to shoot at a moving vehicle?

Answer 19

Shots may only be fired at moving vehicles in exceptional circumstances.

Question 20

Must Know - Firearms discharge involving death or injury, what must the incident controller present or the person appointed to do

Answer 20

1. take control of the scene
2. ensure first aid is rendered
3. manage the scene according to the principles contained in the Police involvement in deaths and serious injuries chapter
4. inform the District Commander, who in turn will initiate alcohol and drug testing of employees involved in the shooting in accordance with Commissioner’s Circular - Testing Police employees for alcohol and illegal drugs after a Police shooting.

Question 21

Must Know- An unintentional discharge of firearms may occur through:

Answer 21

1. Operator error: e.g. a failure to follow procedure and ensuring a firearm is in the unload state before conducting a pre-op check, leading to an unintentional discharge.
2. Mechanical fault: a fault with the firearm leads to a discharge.

Question 22

Must Know - In all other instances of firearms discharge apart from death or injury what should occur?

Answer 22

Mark the discharging employee’s position, empty cartridge cases, bullet fragments, and any other items or people associated with the discharge.

Preserve the cartridge cases and, where possible, the bullet or bullet

fragments.

Secure the firearm and remaining rounds, making the firearm safe as soon as practicable recording any action taken.

Note: On no account is the firearm to be altered or items/ accessories removed.

Preserve and photograph the scene where it is believed this may be necessary or relevant for subsequent enquiries.

Advise the employee’s immediate supervisor who will advise the District Commander. Report this use of force in compliance with the Use of Force reporting requirements.

Mark the discharging employee’s position, empty cartridge cases,

bullet fragments, and any other items or people associated with the discharge.

Preserve the cartridge cases and, where possible, the bullet or bullet

fragments.

Secure the firearm and remaining rounds, making the firearm safe

as soon as practicable recording any action taken.

Note: On no account is the firearm to be altered or items/ accessories removed.

Preserve and photograph the scene where it is believed this may be

necessary or relevant for subsequent enquiries.

Advise the employee’s immediate supervisor who will advise the

District Commander. Report this use of force in compliance with the Use of Force reporting requirements.

If the discharge has been unintentional, follow the procedure for Reporting and investigating unintentional discharges (no death or injury)

Commence review / investigation into the incident.

Note: The scope and scale of the review / investigation will depend largely on the nature of the discharge and whether there was any potential for injury.

Conduct a debrief in compliance with the Debriefs chapter.

Question 23

Must know -Section 62, Crimes act 1961, excessive force outlines what

Answer 23

Every one 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.

Question 24

When notified of an operational show the supervisor should follow these steps.

Answer 24

1 Ensure the operator or individuals involved submit a tactical options report (TOR). 2 Ensure the operator completes the details of all instances of arcing in the TASER register. 3 Ensure the operator(s) involved: uploads the incident into Evidence.Com via Evidence Sync, • categorises the uploaded data including the TOR and event details, shares the event in Evidence.com with their supervisor. 4 Debrief the officer involved on the incident and review the TASER footage along with the TOR. Determine whether the show of the TASER was in accordance with these instructions, noting on the TOR form a summary of the outcome of the review.

Question 25

Must Know - When notified of an operational use of the TASER, the supervisor should follow these steps.

Answer 25

1 Consult with the operator involved as to whether your physical attendance is necessary at the scene (consider using mobility, e.g. Facetime).

2 Ensure that proper aftercare and appropriate medical attention where necessary is provided.

3 Ensure that: the scene is preserved and photographed where it is believed this may be necessary or relevant for subsequent enquiries, all evidence, including discharged cartridges, wires, probes and sufficient (4-5) cartridge identification tags (CIT), are recovered from the scene and secured.

4 Ensure: subjects exposed to the application of TASER are examined by a registered medical doctor (or where not available, an Intermediate Life Support (ILS) qualified ambulance officer), and the examination is recorded on a POL 42 - Post TASER Exposure Medical Examination Form.

5 Ensure the operator completes the details of all instances of use in the TASER register.

6 Ensure the operator, or individuals involved submit a tactical options report (standard TOR, or TOR used on an animal) in compliance with reporting requirements in the Use of Force overview.

7 Ensure the operator(s) involved:

• uploads the incident into Evidence.Com via evidence Sync, categorises the uploaded data including the TOR and event details, shares the event in Evidence.com with their supervisor.

8 Review the TASER footage and TOR, determining whether the use of the TASER was in accordance with these instructions noting on the TOR form a summary of the outcome of the review.

Question 26

Must Know- under f61 ( Fire Orders) - When must they be issued?

Answer 26

When firearms are issued before the start of authorised routine carriage and pre-planned operations, fire orders must be given by operation or unit commanders as part of the operation briefing.

In all other operational situations where firearms are carried, if time and circumstances permit, supervisors must draw attention to the fire orders printed on the inside cover of the Police issue notebooks

Every time employees receive formal firearms training they must be asked by the instructor to demonstrate their thorough knowledge and understanding of fire orders.

Question 27

In realtion to firarms when must a TOR be completed?

Answer 27

Presentation

Each time a firearm is presented at another person other

than in training, with the exception of AOS and STG whilst employed in their role.

Discharge

Each time a firearm is discharged other than in training.

Unintentional

discharge

Each time there is an unintentional discharge of a firearm

(except where in training) and it is clearly established the discharge was unintentional and no injury is involved.

Destruction of animals

Each time a firearm is used for the destruction of animals.

A Tactical Options (Fatality or Non-fatal Police Shooting) Report must be submitted by a supervisor (not the person who used the force) whenever a firearm has been discharged resulting in death or injury.

Question 28

Must Know- When notified of an operational show the supervisor should follow these steps.

Answer 28

Ensure the operator or individuals involved submit a tacticaloptions report TOR).(

Ensure the operator completes the details of all instances ofarcing in the TASER register.

Ensure the operator(s) involved:

• uploads the incident into Evidence.Com via Evidence Sync
• categorises the uploaded data including the TOR and event details
• shares the event in Evidence.com with their supervisor.

Debrief the officer involved on the incident and review theTASER footage along with the TOR.

Determine whether the show of the TASER was in accordance with these instructions, noting on the TOR form a summary of the outcome of the review.

Question 29

Must know - An unintentional discharge of a TASER may occur because of what?

Answer 29

Operator error: for example, a failure to follow procedure by ensuring a TASER is in the unload state before conducting a pre- op check, leading to an unintentional discharge.

Mechanical fault: a fault with the device leads to a discharge

Question 30

Responding to unintentional discharges, In the event of an unintentional discharge (other than in training), the operator involved in the discharge must notify their supervisor as soon as possible. The supervisor will then:

Answer 30

Preserve and photograph the scene where it is believed this may benecessary or relevant for subsequent enquiries.

Immediately withdraw the TASER from service and consult with the Police national Armoury as to whether or not the particular TASER and associated evidence is forwarded to them for examination and a report.

Ensure that all evidence, including the subject TASER, dischargedcartridges, wires, probes and sufficient (4-5) cartridge identification tags (CIT), are recovered from the scene and secured.

Instigate a review of the facts surrounding the incident.

Note: The scope and scale of the review will depend largely on the nature of the discharge and whether there was any injury or potential for injury.

Ensure the operator(s) involved submits a tactical options report forunintentional discharge.

Ensure the operator(s) involved uploads the incident intoEvidence.Com via Evidence Sync and categorises the uploaded data including the TOR and event details.

Ensure the operator completes the details of the discharge in theTASER register.

Notify the District Police Professional Conduct Manager.