PST Day 1: Use of Force Legislation Flashcards
What is Common Law? (Self defence)
The general common law principle is stated in :Beckford v R (1988)
“A defendant is entitled to use reasonable force to protect himself, others for whom he is responsible and his property. It must be reasonable.“
“A man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot; circumstances may justify a pre-emptive strike.“
The defendant must believe, rightly or wrongly, that the attack is imminent.
“Honestly Held Belief”
In assessing the reasonableness of the force used, prosecutors should ask two questions?
Was the use of force necessary in the circumstances, i.e. Was there a need for any force at all?; and
Was the force used reasonable in the circumstances?
Section 3 – Criminal Law Act 1967?
Use of force in making arrest, etc.
(1) A person may use such force as is reasonable in the circumstances, in the prevention of crime, or in effecting or assisting in the lawful arrest, of offenders, or suspected offenders, or of persons unlawfully at large.
(2) Subsection (1) above shall replace the rules of the common law on the question when force used for a purpose mentioned in the subsection is justified by that purpose.
Section 117 – Police and Criminal Evidence Act 1984?
Where any provision of this Act:
a) Confers a power on a constable, &
b) Does not provide that the power may only be exercised with the consent of some person other than a police officer,
The officer may use reasonable force if necessary in the exercise of the (P.A.C.E) power.
Section 76 – Criminal Justice & Immigration Act 2008?
“In the heat of the moment”
Section 76 provides a gloss on the Common Law of self defence, and the defences which relate to the use of force in the prevention of crime or making an arrest (S3 CLA 1967).
(7) In deciding the question mentioned in subsection (3) the following considerations are to be taken into account (so far as relevant in the circumstances of the case)
(a) that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action; and
(b) 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.
Human Rights Act 1998?
European Convention of Human Rights
Article 2: The right to life
Article 3: Prohibition of Torture, Inhuman and Degrading treatment
Article 5: The right to Liberty and Security
Article 8: The right to respect for private and family life
To comply with Human Rights legislation an action must be PLANE?
Proportionate Lawful Authorised Necessary Ethical
