Officer Safety - Authorities and Articulation Flashcards
s. 25
Use of Force Justified
Everyone authorized and in administration or enforcement of law if on RG is justified in using as much force as necessary for that force
s. 25(3)
Lethal Force Justified
Any force intended to cause GBH or Death is not justified
UNLESS
believe on RG is necessary for your safety or anyone else safety
Reg. 926, s. 9
Police Service Act
PO SHALL not draw handgun/point/discharge
UNLESS
believe on RG that to do so is necessary to protect loss of life or SBH
s. 26
Excess Use of Force
everyone who uses force is criminally responsible for any excess use thereof
s. 27
Prevent Commission of Offence
Everyone may use force to prevent the commission of an offence in which a person might be arrested without warrant AND would cause serious injury or property damage
s. 34
Self Defence (A+B+C)
Person is not guilty if:
A - RG that force or treat of force is being used against them or another person
B - the purpose of the force is for the defence or protection of themselves or others
C - the act committed is reasonable in the circumstances
Police Use of Force
Must be…..(3)
Lawful
Reasonable
Necessary
Lawful Use of Force
Must have lawful authority and act on RG, proper use of powers of arrest
Mistake in Law
is unacceptable, EX - when a PO does not know their powers/authorities
Mistake in Fact
is acceptable
EX - when you arrest someone who fits a description but it ends up being the wrong person
Reasonable Manner
Subjective vs. Objective
Subjective - personal feelings, beliefs and opinions, own assessment and interpretation
Objective - Based on facts, not influenced by emotions, unbiased, impartial
Lethal Force is Necessary for: (2)
1 - Self Preservation of the person or any person
2 - To protect from death of GBH
Force - DEFN
- the amount to compulsion exerted, taking into account the consequences of pain, discomfort or injury
Continuous Assessment
- the use of force must be assessed on an ongoing basis
- when resistance stops or changes, the application of force must be also
Resistance - DEFN
- The degree to which the subject opposes police arrest and or control
- taking into account the nature and quality of an risk to public and police safety