The Law Handbook 2024

176 SECTION 3: Fines, infringements and criminal law information (e.g. by resisting arrest). Whatever the case, the suspect should be informed of the reason for the arrest at the earliest opportunity. The situation is the same for Commonwealth offences. Use of force in arrest A person can lawfully use an amount of force to make an arrest that is reasonably necessary to affect the arrest. Thus, if the suspect resists, the arrestor can lawfully increase the force used in proportion to the force of that resistance. It follows that, where a suspect is killed in the ensuing confrontation, the killing is justified if the arrestor used no more than reasonable force (see the note to section 462A of the Crimes Act (Vic)). The use of greater force than is ‘reasonably necessary’ is unlawful. Where a person is arrested for a Commonwealth offence, police must use no more force, or subject the suspect to no more indignity, than is necessary and reasonable. Further, a police officer must not do anything that is likely to cause death or serious harm to a suspect, unless they reasonably believe that this is necessary to protect their own life or someone else’s, or to prevent serious harm. If the suspect is trying to avoid arrest by fleeing, police must also call on the suspect to surrender (if practicable) before using such force, and they must also reasonably believe that the suspect cannot be apprehended in any other way (s 3ZC Crimes Act (Cth)). Citizen’s arrest Citizen’s arrests are allowed under the Crimes Act (Vic) (s 462A), which states that a person may use such force as is believed on reasonable grounds to be necessary to: • prevent the commission, continuance or completion of an indictable offence; or • effect or assist in effecting the lawful arrest of a person committing or suspected of committing any offence. This applies so long as the force they use is proportionate to the particular objective. The arrest must always be lawful, and thus an ordinary citizen must abide by section 458. The arrestor must not only suspect a person of committing an offence, but must find the person committing the offence, unless the arrestor is either: • acting on the lawful instructions of a police officer; or • arresting a person who is believed to be escaping from a lawful custody. With Commonwealth offences, any person may arrest a suspect without a warrant if they reasonably believe the suspect is committing, or has just committed, an indictable offence, and that the case is not one that can be properly dealt with by police sending the suspect a summons to attend at court. The person who makes the arrest must hand the suspect over to police as soon as practicable (s 3Z Crimes Act (Cth)). A ‘citizen’s arrest’ is any arrest by a person other than a police officer, a protective services officer or under a warrant to arrest. Therefore, an arrest by a security guard, store detective or other such person is a citizen’s arrest, and must comply with the requirements of a citizen’s arrest. Use of firearms In using firearms, policemust comply with the Victoria Police Manual . These requirements are administrative directions issued by the Chief Commissioner, and do not have the force of law. The Victoria Police Manual states: Issue of firearms Members are issued with firearms: • to enable police to protect themselves and the public; and • for the lawful destruction of animals. Use of firearms A member: • must only discharge a firearm when they reasonably believe it is necessary to protect life or prevent serious injury. Warning shots should not be fired; • issued with a firearm must not draw the firearm unless extreme danger is anticipated. These criteria do not apply to the lawful destruction of animals. ( Victoria Police Manual , operations 101–3: operating safety and other equipment.) Carriage of firearms The carriage of firearms is based on the needs of the duties to be performed. Generally, firearms are only to be carried by police members who have completed the requisite Operational Safety and Tactics Training (OSTT) and whose primary duties may bring them into contact with an armed person. Station or Unit commanders are to determine whether the duties to be performed satisfy the general requirement for the carriage of firearms. Firearms must be carried