5
McCANN AND OTHERS v. THE UNITED KINGDOM JUDGMENT
necessary to do so in order to protect life. You and your men are not then to use more
force than is necessary in order to protect life ... Opening fire
5. You and your men may only open fire against a person if you or they have
reasonable grounds for believing that he/she is currently committing, or is about to
commit, an action which is likely to endanger your or their lives, or the life of any
other person, and if there is no other way to prevent this.
Firing without warning
6. You and your men may fire without warning if the giving of a warning or any
delay in firing could lead to death or injury to you or them or any other person, or if
the giving of a warning is clearly impracticable.
Warning before firing
7. If the circumstances in paragraph 6 do not apply, a warning is necessary before
firing. The warning is to be as clear as possible and is to include a direction to
surrender and a clear warning that fire will be opened if the direction is not obeyed."
B. Operational order of the Commissioner
17. The operational order of the Commissioner, which was drawn up on
5 March 1988, stated that it was suspected that a terrorist attack was planned
in Gibraltar and that the target was highly probably the band and guard of
the First Battalion of the Royal Anglian Regiment during a ceremonial
changing of the guard at Ince’s Hall on 8 March 1988. It stated that there
were "indications that the method to be used is by means of explosives,
probably using a car bomb". The intention of the operation was then stated
to be
"(a) to protect life;
(b) to foil the attempt;
(c) to arrest the offenders;
(d) the securing and safe custody of the prisoners".
18. The methods to be employed were listed as police surveillance and
having sufficient personnel suitably equipped to deal with any contingency.
It was also stated that the suspects were to be arrested by using minimum
force, that they were to be disarmed and that evidence was to be gathered
for a court trial. Annexed to the order were, inter alia, lists of attribution of
police personnel, firearms rules of engagement and a guide to firearms use
by police (see paragraphs 136 and 137 below).