Use of Force

Question 1

Reasonable force

Answer 1

Must be that they believed it was reasonable given the circumstances (can be a mistaken belief as long as it’s reasonable)

Question 2

PLAN (force)

Answer 2

Proportionate
Legal
Accountable
Necessary

Question 3

Who can use Common law?

Answer 3

Anyone

Question 4

What does Common Law allow?

Answer 4

Right to use reasonable force to protect themselves or another from harm

Question 5

4 times when appropriate to use common law

Answer 5

1. Self-defence
2. Defence of property
3. Breach of the peace (occurring or about to occur)
4. Saving life

Question 6

Who can use Section 3 of the Criminal Law Act 1967?

Answer 6

Anyone

Question 7

What does Section 3 of the Criminal Law Act 1967 allow?

Answer 7

Using reasonable force for the prevention of crime, assisting with arrest or suspected offenders unlawfully at large

Question 8

Who can use Section 117 Police and Criminal Evidence Act 1984?

Answer 8

Police

Question 9

What does Section 117 Police and Criminal Evidence Act 1984 allow?

Answer 9

Power of constable to use reasonable force

Question 10

What is needed for Section 117 Police and Criminal Evidence Act 1984 to be implemented?

Answer 10

Another PACE power to be in use

Question 11

What does Section 76 Criminal Justice Act 2008 clarify?

Answer 11

Existing common law and defences - must be reasonable in their belief