Use of Force

Question 1

Explain the liability imposed by section 62 of the crimes act.

Answer 1

• Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quantity of the act that constitutes excess

Question 2

Explain how sections 32 and 33 of the policing act justify the use of force?

Answer 2

• Section 32 allows for the use of force to obtain details of identification from people in custody for committing an offence.
• Section 33 allows for the use of force to obtain details of identification from people when there is an intention to proceed by summons.

Question 3

Explain how Section 11 and 125 of the Search and Surveillance act 2012 justify the use of force on a person who is to be locked up in police custody.

Answer 3

Section 11 and 125

- Allow reasonable force to be used to remove money and property from a person who is to be locked up in police custody.

Question 4

Explain how sections 39, 40, 42 and 48 Authorise you to use force in certain circumstances?

Answer 4

Section 39
- Justifies the use of reasonable neccesary, proportionate force when carrying out an arrest or executing a warrent.
Section 40
- Justifies the use of reasonable, necessary & proportionate force to prevent escape or rescue subsequent to arrest.
Section 42
- Justifies the use of reasonable, necessary & proportionate force by those who witness a breach of the peace to prevent it continuing or escalating.
Section 48
- Justifies the use of reasonable, necessary & proportionate force in defence of themselves and others