20/Aug/2004 - Current (at 31 Dec 2005)
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    47. Use of firearms

    (1) A superintendent, prison officer or a person lawfully charged by the Minister or chief executive officer with the charge of a prisoner, may use a firearm against a prisoner who

    (a) is attempting to escape from lawful custody if it appears to the user of the firearm that the use of a firearm is necessary to prevent the escape of the prisoner; or

    (b) is assaulting or attempting to assault any person, if the assault or attempt appears to the user of the firearm to be of a character apparently dangerous to life or likely to cause serious injury.

    (2) A superintendent, prison officer, or a person lawfully charged by the Minister or the chief executive officer with the charge of a prisoner, may use a firearm against

    (a) a person who is rescuing or attempting to rescue a prisoner from lawful custody;

    (b) a person who is breaking into or otherwise entering, attempting to break into or otherwise enter, or who has broken into or otherwise entered a prison without lawful authority; or

    (c) property in the apparent possession or under the control of a person referred to in paragraph (a) or (b),

    but a firearm may be used under this subsection only if it appears to the user that the use of a firearm is necessary to control the situation or prevent the rescue.

    (3) Before the use of a firearm under this section, steps shall be taken, where it is practicable in the circumstances to do so, to order the prisoner or other person to desist from his apparent course of conduct and to give warning that a firearm is about to be used.

    (4) Subsection (3) is a directory provision.

    [Section 47 amended by No. 47 of 1987 s. 11; No. 113 of 1987 s. 32.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.