TA07: Use Of Force Flashcards

1
Q

What does Section 39 of the Crimes Act 1961 refer to?

A

Force used in executing process or in arrest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The force used under Section 39 Crimes Act 1961 must be necessary to overcome the ___________.

A

Resistance. Must not be out of proportion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What does Section 40 of the Crimes Act 1961 refer to?

A

Force used in preventing escape or rescue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does Section 41 of the Crimes Act 1961 refer to?

A

Force used to prevent suicide or certain offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Under Section 41, other than suicide itself, what else are you preventing?

A

Damages to any persons property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does Section 42 of the Crimes Act 1961 refer to?

A

Force used to prevent the breach of peace ✌🏽

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does Section 48 of the Crimes Act 1961 refer to?

A

Force used for self-defence or the defence of another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does Section 62 of the Crimes Act 1961 refer to?

A

Excess force. Everyone authorised by law to use force is criminally responsible for any excess

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does Section 32 of the Policing Act refer to?

A

Reasonable force used to obtain identifying particulars of person in custody

Obtaining prints, photographs, biographical details

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does Section 33 of the Policing Act 2008 refer to?

A

Using force to obtain identifying particulars for summons IF they have good cause to suspect a person of committing an offence and intends to bring proceeding by way of summons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Under Section 33 of the Policing Act 2008, how long can a person be detained for?

A

Only for a period of time necessary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Under Section 33 of the Policing Act 2008, what does the power not extend to?

A

Taking the person back to the police station

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What does Section 11 of the Search and Surveillance Act 2012 refer to?

A

Custody Search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Under Section 11 of the Search and Surveillance Act 2012, what does Section 11 allow you to do?

A

An officer/jailer can search a person and things in their possession and take all money and property with reasonable force.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Under Section 11 of the Search and Surveillance Act 2012, where can Section 11 be carried out?

A

This search must be done at a police station, in a vehicle or other premises used at time for police purposes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Under section 11 search, what does Section 125(1)(e) allows for?

A

That reasonable force may be used to carry out the search if the person does not comply with the search to remove money or property

17
Q

What is TOR?

A

A Tactical Options Report

18
Q

When does a TOR need to be submitted?

A

It must be submitted when an officer or AO shows or uses reportable force on a person regardless of whether the person has been arrested

19
Q

Explain “Reasonable Use of Force”

A

The least amount of force necessary in a situation, given all circumstances

20
Q

Explain “Necessary and Proportionate”

A

Force used must be the same amount as the threat offered

21
Q

Explain “Reasonable in All Circumstances” in regards to Use of Force

A

Threat levels may rise and drop. It is important to reassess levels of force and decide what force can be justified

22
Q

Explain “Show force”

A

A show of force is using an appointment to show a use of force option.

e.g. Holding a taser, arcing up someone

23
Q

Explain “Use of Force”

A

Using tactical comms, cuffs with pain compliance, empty hand techniques, restraints and appointments

24
Q

What is the time frame for submitted a TOR?

A

By end of shit or up to 72 hours with Supervisors approval