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 thoroughgoingly conversant with all relevant law, particularly sections 39, 40, 41, 48 and 62 of the Crimes Act 2961 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.

Question 3

An offender must not be shot without first considering:

Answer 3

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 arrested or disarmed without first being shot, and

Delay (Necessity) - it must be clear further delay in apprehending the offender would be dangerous or impractical.

Question 4

Making Decisions to use
Police must only use a firearm for these lawful purposes Sections?

Answer 4

48, 39, 40, Animals

Question 5

Making Decisions to use (police must only use a firearm for these lawful purposes)

Arresting an offender (39 Crimes act 1961)

Answer 5

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

Making Decisions to use (police must only use a firearm for these lawful purposes)

Preventing escape (40 Crimes Act 1961)

Answer 6

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.

Question 7

Making Decisions to use (police must only use a firearm for these lawful purposes)

Defending themselves or others (Section 48 Crimes act 1961)

Answer 7

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 8

Destroying Animals

Answer 8

to Destroy animals set out in circumstances in the animal’s chapter of the police manual.