Use of Force

Question 1

What are the 3 types of powers for use of force?

Answer 1

Common Law
Section 3 Criminal Law Act 1967
Section 117 PACE 1984

Bolt on: Section 76 Criminal Justice and Immigration Act 2008

Question 2

What is the definition of Criminal Law Act Section 3 (Use of Force)?

Answer 2

Any person may use such force as is reasonable In the circumstances in the prevention of crime or in affecting or assisting in the lawful arrest of the offenders are suspected offenders of persons unlawfully at large.

Question 3

Who does Section 117 PACE apply to and what are the powers?

Answer 3

Police Officers

Reasonable force applied in line with an officers duty.

Question 4

What 4 Articles within Human Rights Act 1998 need to be considered when discussing use of force?

Answer 4

Article 2 - Right of Life

Article 3 - Right not to be tortured or treated inhumanly

Article 5 - Right to liberty

Article 8 - Right to a private and family life