TA07: Use Of Force

Question 1

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

Answer 1

Force used in executing process or in arrest.

Question 2

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

Answer 2

Resistance. Must not be out of proportion.

Question 3

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

Answer 3

Force used in preventing escape or rescue

Question 4

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

Answer 4

Force used to prevent suicide or certain offences

Question 5

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

Answer 5

Damages to any persons property

Question 6

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

Answer 6

Force used to prevent the breach of peace ✌🏽

Question 7

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

Answer 7

Force used for self-defence or the defence of another

Question 8

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

Answer 8

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

Question 9

What does Section 32 of the Policing Act refer to?

Answer 9

Reasonable force used to obtain identifying particulars of person in custody

Obtaining prints, photographs, biographical details

Question 10

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

Answer 10

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

Question 11

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

Answer 11

Only for a period of time necessary

Question 12

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

Answer 12

Taking the person back to the police station

Question 13

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

Answer 13

Custody Search

Question 14

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

Answer 14

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

Question 15

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

Answer 15

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

Question 16

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

Answer 16

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

Question 17

What is TOR?

Answer 17

A Tactical Options Report

Question 18

When does a TOR need to be submitted?

Answer 18

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

Question 19

Explain “Reasonable Use of Force”

Answer 19

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

Question 20

Explain “Necessary and Proportionate”

Answer 20

Force used must be the same amount as the threat offered

Question 21

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

Answer 21

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

Question 22

Explain “Show force”

Answer 22

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

e.g. Holding a taser, arcing up someone

Question 23

Explain “Use of Force”

Answer 23

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

Question 24

What is the time frame for submitted a TOR?

Answer 24

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