Knowledge Check Flashcards
What does the Human Rights Act state about the use of force by the police?
“Everyone’s right to life shall be protected by law. Deprivation of life shall not be regarded as inflicted in
contravention of this article, when it results from the use of force, which is no more than absolutely necessary: -
a) In defence of any person from unlawful violence.
b) In order to affect a lawful arrest or to prevent the escape of a person lawfully detained.
c) To quell a riot or insurrection.
What does Section 3 of the Criminal Law Act 1967 state about police use of force?
Section 3 of the Criminal Law Act 1967 states that ‘A person may use such force as is reasonable in the circumstances
1) in the prevention of crime or
2) in effecting or assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large’.
What is the significance of Section 117 of the Police and Criminal Evidence Act in relation to the use of force?
Section 117 of PACE allows officers to use such force as is reasonable to exercise any power conferred by PACE where that power may be exercised without the consent of the subject.
How does Common Law define justified use of force?
Under Common Law, a person is justified in using force if they have a genuine and honestly held belief in imminent danger that justifies the force being used, and the force used is reasonable based on that belief.
What are the impact factors to consider in police use of force?
Subject factors (Gender, Age, Size, Strength, Skill Level, Exhaustion, Injury, Alcohol, Drugs, Mental Health, Physiology), Object factors (Weapons, Vehicles, Objects on the ground), Place factors (Environmental Features, Crowds or venues, Other dangers).
What are some warning signs that a subject is approaching a point of violence?
Direct uninterrupted eye contact, square stance, large hand movements, facial colour darkens, kicking the ground, increased breathing rate.
What are danger signs indicating an attack is imminent?
Stance changes from square to bladed, hand above waist, glances at target areas, facial colour pales, chin down, lips tighten over teeth, fists clench and unclench.
Describe the Profiled Subject Behaviour levels.
- Compliance, 2. Verbal resistance, 3. Passive resistance, 4. Active Resistance, 5. Aggressive/assaultive resistance, 6. Serious or aggravated resistance.
What are the levels of Reasonable Officer Response?
- Officer’s presence, 2. Communication skills, 3. Primary Control skills, 4. Secondary control skills, 5. Defensive and offensive skills, 6. Deadly force.
What is the first primary question to consider before any use of force?
Does the use of force have a lawful objective – for example, the prevention of injury to others or damage to property, or the effecting of a lawful arrest? How immediate and grave is the threat posed?”
“What is the second primary question to consider before any use of force?”
“Are there any means, short of the use of force, capable of attaining the lawful objective identified?”
“What is the third primary question to consider before any use of force?”
“What is the minimum level of force required to attain the objective identified? Would the use of that level of force be proportionate or excessive?”
What does Section 76 of the Criminal Justice and Immigration Act 2008 state about police use of force?
Section 76 reaffirms that a person who uses force is to be judged on the basis of the circumstances, as he/she perceived them.
Outline the 5 Step Appeal process.
- Ask
- Reasonable Appeal/Explain Law
- Personal Appeal/Options
- Final Appeal
- Action.
What are the stages of the National Decision Model?
- Code of ethics,
- Gather information and intelligence,
- Assess threat and risk,
- Consider powers and policy,
- Identify options and contingencies,
- Take action and review.
