Legal - Use of Force

Question 1

The ‘use of force’ is always quantified by terms such as or similar in nature to:
(RF.S.C.N.O)

Answer 1

• Reasonable force
• Such force as is reasonably necessary
• Reasonable under the circumstances
• Force that is not intended or likely to cause death or GBH
• Reasonably necessary to overcome any force.

Question 2

S.16 CIA (Authority to Use Force)

Answer 2

1. When exercising a power in this Act, a person may use any force against a person or thing that it is reasonably necessary to use in the circumstances
   a. To exercise the power
   b. To overcome any resistance to exercising the power that is offered, or that the person exercising the power reasonably suspects will be offered, by any person.

Does not provide the authority to use force when exercising a power under another Act.

Question 3

S.231 Criminal Code

Answer 3

DURING
While arresting
•	A person (or person assisting)
•	Making an arrest
•	May use reasonable force to overcome resistance to the arrest

Question 4

S.233 Criminal Code

Answer 4

BEFORE
Prevent escape when attempting arrest
•	When proceeding to arrest a person
•	The person takes flight 
•	Reasonable force may be used to prevent escape (NOT LIKELY TO CAUSE DEATH or GBH unless S.233(2) C.C is in play)

Question 5

S.235(1) Criminal Code

Answer 5

AFTER
Prevent escape after arrest
• Person lawfully arrested
• Reasonable force may be used to prevent escape or rescue of the person arrested (NOT LIKELY to CAUSE DEATH or GBH unless S.235(2) C.C)

Question 6

Self Defence - S.248 C.C

Answer 6

(2). A harmful act done by a person is lawful if the act is done in self-defence under subsection (4).

(4) . A person’s harmful act is done in self-defence if —
(a) the person believes the act is necessary to defend the person or another person from a harmful act, including a harmful act that is not imminent; and
(b) the person’s harmful act is a reasonable response by the person in the circumstances as the person believes them to be; and
(c) there are reasonable grounds for those beliefs.