Legal Status of The Use of Firearms
The usage of firearms by the police is covered by statute (such as the Police and Criminal Evidence Act 1984 and Human Rights Act 1998), policy (such as the Home Office Code of Practice on Police use of Firearms and Less Lethal Weapons and the ACPO Manual of Guidance on Police Use of Firearms) and common law.
AFOs may only carry firearms when authorised by an "appropriate authorising officer". The appropriate authorising officer must be of the rank of Inspector or higher. When working at airports, nuclear sites, on Protection Duties and deployed in Armed Response Vehicles in certain areas, 'Standing Authority' is granted to carry personal sidearms. All members of the Police Service of Northern Ireland have authority to carry a personal issue handgun as a matter of routine. In all forces, usage of other weapons such as semi-automatic carbines requires further training and authorisation. Semi-automatic carbines are stored in a locked armoury which is situated in the boot of an Armed Response Vehicle. Equipping of semi-automatic carbines rests on a judgment of the AFO.
United Kingdom law allows the use of "reasonable force" in order to make an arrest or prevent a crime or to defend one's self. However, if the force used is fatal, then the European Convention of Human Rights only allows "the use of force which is no more than absolutely necessary". Firearms officers may therefore only discharge their weapons "to stop an imminent threat to life".
ACPO policy states that "use" of a firearm includes both pointing it at a person and discharging it (whether accidentally, negligently or on purpose). As with all use of force in England and Wales, the onus is on the individual officer to justify their actions in court.
Read more about this topic: Firearms Unit
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