TA07: Use Of Force Flashcards
What does Section 39 of the Crimes Act 1961 refer to?
Force used in executing process or in arrest.
The force used under Section 39 Crimes Act 1961 must be necessary to overcome the ___________.
Resistance. Must not be out of proportion.
What does Section 40 of the Crimes Act 1961 refer to?
Force used in preventing escape or rescue
What does Section 41 of the Crimes Act 1961 refer to?
Force used to prevent suicide or certain offences
Under Section 41, other than suicide itself, what else are you preventing?
Damages to any persons property
What does Section 42 of the Crimes Act 1961 refer to?
Force used to prevent the breach of peace ✌🏽
What does Section 48 of the Crimes Act 1961 refer to?
Force used for self-defence or the defence of another
What does Section 62 of the Crimes Act 1961 refer to?
Excess force. Everyone authorised by law to use force is criminally responsible for any excess
What does Section 32 of the Policing Act refer to?
Reasonable force used to obtain identifying particulars of person in custody
Obtaining prints, photographs, biographical details
What does Section 33 of the Policing Act 2008 refer to?
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
Under Section 33 of the Policing Act 2008, how long can a person be detained for?
Only for a period of time necessary
Under Section 33 of the Policing Act 2008, what does the power not extend to?
Taking the person back to the police station
What does Section 11 of the Search and Surveillance Act 2012 refer to?
Custody Search
Under Section 11 of the Search and Surveillance Act 2012, what does Section 11 allow you to do?
An officer/jailer can search a person and things in their possession and take all money and property with reasonable force.
Under Section 11 of the Search and Surveillance Act 2012, where can Section 11 be carried out?
This search must be done at a police station, in a vehicle or other premises used at time for police purposes
Under section 11 search, what does Section 125(1)(e) allows for?
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
What is TOR?
A Tactical Options Report
When does a TOR need to be submitted?
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
Explain “Reasonable Use of Force”
The least amount of force necessary in a situation, given all circumstances
Explain “Necessary and Proportionate”
Force used must be the same amount as the threat offered
Explain “Reasonable in All Circumstances” in regards to Use of Force
Threat levels may rise and drop. It is important to reassess levels of force and decide what force can be justified
Explain “Show force”
A show of force is using an appointment to show a use of force option.
e.g. Holding a taser, arcing up someone
Explain “Use of Force”
Using tactical comms, cuffs with pain compliance, empty hand techniques, restraints and appointments
What is the time frame for submitted a TOR?
By end of shit or up to 72 hours with Supervisors approval
