8.4 Identification and control of workplace violence/aggression

Question 1

In any workplace with a problem with violence it will be appropriate to devise
and communicate a specific policy addressing workplace violence. A clear zero
tolerance policy that is strongly communicated has been seen to have a
positive impact in workplaces such as airport security check areas, NHS A&E
waiting rooms and pubs and clubs.

The policy should also include:

Answer 1

 detailed responsibilities of managers and staff
 procedures for dealing with an incident
 procedures for recording and reporting the details of an incident
 control measures in place
 arrangements for post-incident support.

Question 2

Workplace violence control measures will usually involve a combination of measures to:

Answer 2

 Improve the working environment (Physical).
 Design the job to reduce risk (Organisational).
 Provide staff with appropriate information and training (Behavioural).

Question 3

Following a violent incident involving an employee it is important to respond
quickly to avoid any long-term distress to the directly affected employee or
others.

When planning post incident support the following should be considered: 4

Answer 3

 Debriefing: victims may need to talk through their experience as soon as
possible after the event. Specialist counselling may be required.
 Time off work: will depend on the degree of physical or psychological harm
and the individual’s recovery process. The return to work may well need to
be managed.
 Legal help: in serious cases there may be criminal and civil legal action.
Legal help may well be appropriate.
 Other employees: may need guidance and/or training to help them respond
appropriately.

Question 4

A person may use such force as is reasonable in the circumstances for the
purposes of:

Answer 4

  self-defence  
  defence of another 
  defence of property 
  prevention of crime 
  lawful arrest.

Question 5

In assessing the reasonableness of the force used, prosecutors should ask two
questions:

Answer 5

 Was the use of force necessary in the circumstances, i.e. was there a need
for any force at all?
 Was the force used reasonable in the circumstances?

Question 6

Section  76(7)  sets  out  two  considerations  that  should  be  taken  into  account 
when deciding whether the force used was reasonable. Both are adopted from 
existing case law. They are:

Answer 6

 that a person acting for a legitimate purpose may not be able to weigh to a
nicety the exact measure of any necessary action
 that evidence of a person’s having only done what the person honestly and
instinctively thought was necessary for a legitimate purpose constitutes
strong evidence that only reasonable action was taken by that person for
that purpose.

This section adopts almost precisely the words of Lord Morris in Palmer v R
(1971) above.

Question 7

The burden of proof remains with the prosecution when the issue of self-
defence is raised.

The prosecution must provide sufficient evidence to satisfy a jury beyond
reasonable doubt that the defendant was:

Answer 7

 not acting to defend himself/herself or another
 not acting to defend property
 not acting to prevent a crime or to apprehend an offender
… and if he was so acting, the force used was excessive.