Psu Legislation Flashcards
Use of force legislation…
5 pieces of legislation…
S3 criminal law act 1967
Common law
S117 PACE 1984
Article 2 ECHR (right to life)
S76 criminal justice and immigration act 2008
S3 criminal law act 1967
A person may use such force as is reasonable in the circumstances in the prevention of crime, or in the effecting or assisting in the lawful arrest of offenders or suspected offenders, or of persons unlawfully at large.
Common law
R v griffiths 1988
Honestly held belief that you or another are in imminent danger, then you may use as much force as is reasonable and necessary to avert the danger.
Right of a person to protect himself from attack and to act in defence of others, and if necessary to inflict violence on another in doing so.
No more force to be used than is reasonable to repel the attack
S117 pace 1984
S117 provides the Authority for the use of force when executing the powers under PACE
Article 2 echr
Right to life
Everyone’s right to life protected by law.
Use of force, no more than is absolutely necessary in..
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
S76 criminal justice and immigration act 2008
Reaffirms that a person who uses force is to be judged on the basis of the circumstances as he/she perceived them
Individual responsibility!
Three core questions for police to ask themselves when using force
1) would the use of force have a lawful objective (ie prevention of injury to others, damage to property, effecting lawful arrest). And if so, how immediate and grave is the threat posed?
2) are there any means, short of the use of force, capable of attaining the lawful objective identified?
3) what is the minimum level of force required to attain the objective identified, and would the use of that level of force be proportionate or excessive?
(Considering the gravity of the threat, the potential for adverse consequences to arrive from the use f force, including the risk of escalation and the exposure of others to harm)
Human rights
Article:
2) RIGHT TO LIFE
3) prohibition of torture
4) prohibition of slavery and forced labour
5) right to liberty and security
6) right to a fair trial
7) no punishment without law
8) right to respect for private and family life
9) FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION
10) FREEDOM OF EXPRESSION
11) FREEDOM OF ASSEMBLY AND ASSOCIATION
12) right to marry
13) right for an effective remedy for violation of rights
14) prohibition of discrimination
16) restrictions of political activity of aliens
17) prohibition of abuse of rights
18) limitation on use of restriction on rights
First protocol article 1) protection of property
Article 2) right to education
Article 3) right to free elections
