F061 - Use of Firearms by Police

(1) Members must always be aware of their personal responsibilities in the use of firearms. Under Section 62 of the Crimes Act 1961 a member is criminally liable for any excess force used. An overriding requirement in law is that minimum force must be applied to effect the purpose. Where practical Police should not use a firearm unless it can be done without endangering other persons.

(2) Police members shall not use a firearm except in the following circumstances:

(a) to DEFEND THEMSELVES OR OTHERS (Section 48 Crimes Act 1961) if they fear death or grievous bodily harm to themselves or others, and they cannot reasonably protect themselves, or others, in a less violent manner;

(b) to ARREST an offender (Section 39 Crimes Act 1961) if they believe on reasonable grounds that the offender poses a threat or death or grievous bodily harm in resisting his or her arrest;

AND

the arrest cannot be reasonably effected in a less violent manner

AND

the arrest cannot be delayed without danger to other persons;

(c) to PREVENT THE ESCAPE of an offender (Section 40 of the Crimes Act 1961) if it is believed 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

he or she takes to flight to avoid arrest, OR he or she escapes after his or her arrest

AND

such flight or escape cannot reasonably be prevented in a less violent manner.

(3 In any case an offender is not to be shot:

(a) until he or she has first been called upon to surrender, unless in the circumstances it is impracticable and unsafe to do so

AND

(b) it is clear that he or she cannot be disarmed or arrested without first being shot

AND

(c) in the circumstances further delay in apprehending him or her would be dangerous or impracticable