Fire Orders Flashcards
1
Q
An offender must not be shot without first considering (summarised)
A
- Communication
- Less violent alternatives (Proportionality)
- Delay (Necessity)
2
Q
Communication
A
They must have been first asked to surrender (unless it is impracticable to do so)
3
Q
Less violent alternative (Proportionality)
A
It must be clear that the offender cannot be disarmed or apprehended without first being shot
4
Q
Delay (Necessity)
A
It must be clear that further delay in apprehending the offender would be dangerous or impractical
5
Q
Police must only use a firearm for these lawful purposes (summarised)…
A
- Defending themselves or others (s48 CA.61)
- Arresting an offender (s39 CA.61)
- Preventing escape (s40 CA.61)
- To destroy animals
6
Q
S48 if -
A
- They fear D/GBH to T/O, AND;
- Cannot reasonably protect T/O in a LVM
7
Q
S39 if -
A
- They BORG that the offender poses a threat of D/GBH in resisting their arrest
- The arrest cannot be reasonably be effected in a LVM
- The arrest cannot be delayed without danger to other people
8
Q
S40 if -
A
- Police BORG that the offender poses a threat of D/GBH TAP (I.I or MOPAL), AND;
- The offender flees to avoid arrest or escapes after arrest, AND;
- The flight/escape cannot reasonably be prevented in a LVM
