Use Of Force

Question 0

Explain s40 crimes act 1961

Answer 0

Section 40 relates to the use of force to prevent a person trying to avoid arrest or to escape after arrest

Question 1

Explain S39 crimes act 1961

Answer 1

Section 39 relates to the use of force when carrying out an arrest or executing a warrant or process

Question 2

Explain s41 crimes act 1961

Answer 2

Section 41 relates to the use of force to prevent suicide or certain offences

Question 3

Explain s42 crimes act 1961

Answer 3

This section gives justification to those witnessing a breach of the peace to interfere, using force if necessary, to prevent the disturbance from continuing or restarting

Question 4

Explain s48 crimes act 1961

Answer 4

This section looks at the justification of the use of force in self defence or the defence of another

Question 5

Explain section 32 policing act 2008

Answer 5

If anyone in lawful custody of police, a police officer may take fingerprints. Police may use reasonable for to obtain them.

Question 6

Explain section 33 policing act 2008

Answer 6

Enables police to take a persons identifying particulars if they suspect them of committing an offence and intend to bring proceedings against them in way of Summons. Police may use reasonable force to obtain.

Question 7

Explain s11 search and surveillance act 2012

Answer 7

If a person is in lawful custody and is to be locked up, a police officer may search that person and things in their possession and take all money and property. If the person does not comply with the search request, then reasonable force may be used to carry out the search.
S125 of the search and surveillance act 2012 will apply when the person is searched

Question 8

Explain the liability of s62

Answer 8

If the force is deemed to have been excessive, the officer using the force will be open to criminal prosecution under section 62 of the crimes act 1961

Question 9

When must a TOR be submitted?

Answer 9

When a TASER or firearm is "shown".
When communication used with one or more TO
Metal or plastic handcuffs with pain compliance or when used with another TO
any other mechanical restraint
Empty hand techniques
OC SPRAY
A baton
A weapon of opportunity
Police dog when subject bitten etc
A taser by discharge
A firearm firing

Question 10

Explain “reasonable use of force”

Answer 10

Force that is necessary and proportionate, given all the circumstances known at the time

Question 11

Explain proportionate

Answer 11

The force used must be proportionate to the threat offered

Question 12

Explain “shows” force

Answer 12

If when in the execution of duty, a constable or AO shows or uses reportable force on any person regardless of whether or not that person has been arrested