Victorian Numbered Regulations

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CORRECTIONS REGULATIONS 2009 (SR NO 40 OF 2009) - REG 10

Discharge of firearms

    (1)     If a prisoner escapes or attempts to escape from custody, an escort officer may discharge a firearm at the prisoner if the escort officer believes on reasonable grounds that it 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 whom he or she reasonably believes to be aiding a prisoner in escaping or attempting to escape from custody if the escort officer believes on reasonable grounds that it 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 the person is using force or threatening force against—

        (a)     another person in the prison; or

        (b)     an officer within the meaning of Part 5 of the Act (including the escort     officer     carrying the firearm) acting in the execution of his or her duties outside a prison; or

        (c)     a prisoner outside a prison—

and the escort officer reasonably believes that shooting at the person using or threatening force is the only practicable way to prevent the person causing death or serious injury.

    (4)     Before discharging a firearm at a person, the escort officer must—

        (a)     if it is practicable to do so, give an oral warning to the effect that the person will be shot at if he or she does not stop escaping, attempting to escape or using or threatening force (as the case may be); and

        (b)     satisfy himself or herself that shooting at the person does not create an unnecessary risk to any other person.



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