Fire Orders

Question 1

Responsibility for knowing when firearms may be used

Answer 1

Every Police employee issued with a firearm is personally responsible for ensuring they are 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.

Question 2

Conditions to be satisfied before use

Answer 2

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.

Question 3

Making decisions to use

Answer 3

Police must only use a firearm for these lawful purposes:
- s48 Defending themselves or others
- s39 Arresting an offender
- s40 Preventing escape

Question 4

Defending themselves or other

Answer 4

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.

Question 5

Arresting an offender

Answer 5

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.

Question 6

Preventing escape

Answer 6

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,a nd
the flight or escape cannot reasonably be prevented in a less violent manner.

Question 7

Destroying animals

Answer 7

To destroy animals in circumstances set out in the Animals chapter of the Police Manual.

Question 8

Excess of force

Answer 8

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.