USE OF FORCE Flashcards
What use of force powers does section 39 of the Crimes Act 1961 give you?
Anyone authorised to arrest someone is allowed to use reasonable, necessary and proportionate force to effect the arrest.
What use of force powers does Section 40 of the Crimes Act 1961 give you?
Section 40 allowed you to use reasonable, necessary and proportionate force to prevent some one escaping custody.
What use of force powers does Section 41 of the Crimes Act 1961 give you?
Section 41 allowed you to use all reasonable and necessary force to prevent suicide.
What use of force powers does Section 42 of the Crimes Act 1961 give you?
Section 42 allows you to use reasonable and necessary force to prevent a disturbance of the the peace from continuing or starting if you have seen it happen.
What use of force powers does Section 48 of the Crimes Act 1961 give you?
Section 48 allowed you to use reasonable, proportionate and necessary force to protect yourself or others. SELF DEFENCE BUT NOT PROPERTY.
What does Section 62 of the Crimes Act 1961 say about the use of force?
Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.
What does SECTION 32 of the Policing Act 2008 explain?
Anyone in the lawful custody of the Police and detained for committing an offence, a police officer may take fingerprints, footprints, palm prints, photographs, and biographical details.
What does SECTION 33 of the Policing Act 2008 explain?
A constable may detain a person who they have good cause to suspect a person of committing an offence, and take their identifying particulars.
NOT extend to taking them to the station and only detained for period of time necessary.
What does SECTION 11 of the Search and Surveillance Act 2012 explain?
Warrantless searches of people who are to be locked up in Police custody.
What is the CRIMINAL LIABILITY for police to use force under both the Crimes Act, Policing Act and Search and Surveillance Act?
All force used must be reasonable, proportionate, and necessary. Any force that is deemed excessive or unreasonable, may result in criminal prosecution (section 62 CA).
