Police given shoot to kill powers under new pursuit policy

Police have been authorised to shoot and kill drivers who deliberately or recklessly risk the lives of the public as part of a new hostile vehicle policy – the first of its type in Australia.

The order, inserted in the police manual from Monday, states police must take decisive action that ranges from stationary blockades to using lethal force to save lives.

Options will include ramming vehicles, using stop sticks, creating blockades using police cars, commandeering heavy commercial vehicles, including garbage trucks and - as a last resort - shooting the driver.

James Gargasoulas did "doughnuts" outside Flinders Street Station minutes before he murdered six people in Bourke Street.

“If the circumstances warrant the action, members may use lethal force against the driver of a hostile vehicle in order to stop an attack,” the order states.

The announcement comes just before the coronial inquest into the death of six people who in January 2017 were deliberately run down in the Bourke Street Mall.

The inquest will examine whether police should have stopped James Gargasoulas before he entered the CBD and launched his attack.

Deputy Commissioner Shane Patton told The Age the policy was the result of 18 months of research.

“It provides clarity for members on the street,” he said.

“It is saying that they will be supported if they need to take action and states clearly that they must take action.

James Gargasoulas has been jailed for life after hitting and killing six pedestrians.Credit: AAP

“We will not wait for offenders to plough into people. The instructions are that you must do something, that you must stop these attacks and that the response must be proportionate and justified."

Mr Patton said police members were not clear on what they could do to stop offenders.

“The policy states in the worst cases, you can shoot them,” he said.

Under the new rules, the first officers at the scene will be authorised to do whatever it takes to stop a vehicle. The rules specify they should move before an attack.

Mr Patton said the three risk groups identified under the rule were terrorists mounting single or multi-vehicle attacks in crowded areas, fleeing criminals who recklessly put lives at risk and mentally-ill offenders.

“We know hostile vehicle situations can escalate quickly and there is a real threat that people can be
killed or seriously injured. We have seen this here in Melbourne.”

The Hostile Vehicle policy also tells police they must stop attacks on buildings “of high significance for social, political or economic reasons.’’

He said police will first receive online training and then will be taught ramming techniques.

Up until now, only specialist groups such as the Special Operations Group and Critical Incident Response Team are trained to ram. It was a CIRT vehicle that rammed and stopped Gargasoulas.

“Damage to vehicles caused during interdiction (stopping) is a secondary consideration to the safety of the public,” the new rule states.

This immediate action order follows the retraining of all police to deal with sieges involving active armed offenders.

Previously, police would cordon off the area and wait for specialist groups. Now they are told to engage and shoot the offender if that person is a risk to the public.

There have been three hostile vehicle attacks in Melbourne resulting in eight deaths and nearly 50
injuries.

They were the Bourke Street Mall (January 2017), Flinders Street (December 2017) and Bourke
Street (November 2018).

Bollards have been placed around Melbourne in areas deemed high risk due to easy vehicle access and high volumes of pedestrians, such as the Flinders Street station and the Bourke Street Mall.

Police Association Secretary Wayne Gatt said the policy was necessary for street police to do their job.

“We need to give our members the scope to protect the community.”

“We need to know that when police act without hesitation the Victoria Police and state government will stand behind them and support their actions.”