Victorian Current Acts Victorian Current Acts(1) An escort officer may discharge a firearm at a prisoner if—
(a) the prisoner escapes or attempts to escape from custody; and
(b) the escort officer reasonably believes that discharging the firearm is the only practicable way to prevent the escape of the prisoner from custody.
(2) An escort officer may discharge a firearm at a person if the escort officer reasonably believes that—
(a) the person is aiding a prisoner in escaping or attempting to escape from custody; and
(b) discharging the firearm is the only practicable way to prevent the escape of the prisoner from custody.
(3) An escort officer may discharge a firearm at a person if—
(a) that person is using force or threatening force against—
(i) a person in a prison; or
(ii) an officer within the meaning of Part 5 (including the escort officer carrying the firearm) acting in the execution of his or her duties outside a prison; or
(iii) a prisoner outside a prison; and
(b) the escort officer reasonably believes that discharging the firearm is the only practicable way to prevent that person causing death or serious injury.
(4) Before discharging a firearm at a person under this section, an escort officer must—
(a) if it is practicable to do so, give an oral warning to that person to the effect that the person will be shot at if that person does not stop escaping, attempting to escape, aiding an escape or attempted escape or using or threatening force (as the case may be); and
(b) satisfy himself or herself that discharging a firearm at the person does not create an unnecessary risk to any other person.
S. 55EC inserted by No. 12/2014 s. 8.