Police officers cannot use firearms against people except in cases of “absolute” self defence, according to internal guidelines seen by Times of Malta.

The guidelines that oblige police officers to apply non-violent means before resorting to force and rules on the use of firearms were tightened further two years ago.

In 2012, then police commissioner John Rizzo had included the word “absolute” to qualify the exception of self defence when firearms could be used.

The guidelines were first published in 1995 after an inquiry into a shooting incident involving the police. They are not public.

Times of Malta asked to have a copy of the guidelines from the police but there was no response up to the time of writing yesterday.

Officers have to identify themselves and give a clear warning of their intent to use firearms

Police officers constrained to use a firearm in line with the conditions laid out in the guidelines also have to identify themselves and give “a clear warning of their intent to use firearms”.

The guidelines are made salient by the current debate taking place in the wake of a shooting incident involving Police Constable Paul Sheehan, the Home Affairs Minister’s security and driver.

Mr Sheehan shot at and hit the car of Steve Smith last week, after an altercation. Mr Smith hit the minister’s parked car and allegedly drove off. He was followed by Mr Sheehan, whom witnesses said brandished a gun as he argued with the Briton. Mr Sheehan was not uniformed at the time.

The circumstances surrounding the incident are not clear but it is understood that Mr Smith escaped in his car when he saw the gun. Mr Sheehan shot at the Briton’s car and chased after him.

The initial information disseminated by the government claimed the security driver had fired warning shots in the air, a theory immediately discredited by eyewitnesses.

The next morning the Home Affairs Minister clarified no warning shots were fired and confirmed two bullets had hit the car.

It is not known whether Mr Sheehan identified himself as a police officer when brandishing the gun, nor whether he gave sufficient verbal warning that he was going to use his weapon.

He broke police guidelines by not firing a warning shot.

However, the information available does not suggest the circumstances warranted the use of a weapon on an individual in the exercise of “absolute self defence”.

The initial government statement had claimed the police officer fired warning shots after the Briton exited his car with a bottle in his hand.

What the rules say:

“In carrying out their duties police officers shall, as far as possible, apply non-violent means before resorting to force and firearms.”

“Police officers shall not use firearms against persons except in cases of absolute self defence or the defence of others who are under the imminent threat of death or serious injury, to prevent the perpetration of particular serious crime involving grave threat to life, to arrest a person presenting such a danger and resisting their authority, and only when less extreme means are insufficient to achieve these objectives.”