Western Australian Consolidated Acts Western Australian Consolidated Acts (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.]