Use of Force Flashcards
What use of force powers do you have?
Common law (any person).
S3(1) Criminal Law Act 1967 (any person).
S117 PACE 1984 (police).
S76 (3) of the Criminal Justice and Immigration Act 2008
Confirms that whether the degree of force used by the defendant was reasonable in the circumstances is to be decided by the circumstances as the defendant believed them to be.
S76 (4) of the Criminal Justice and Immigration Act 2008
Provides that where the defendant claims to have a particular belief as regards the existence of any circumstances, the reasonableness or otherwise of that belief is relevant to the question whether the defendant genuinely held it. However, if it is established that the defendant did genuinely hold the belief he may rely on that belief to establish the force used was reasonable whether or not it was a mistaken belief and if it was mistaken, whether or not the mistake was a reasonable one to have made, i.e. the crucial test at this stage is whether the belief was an honest one, not whether it was a reasonable one. However, the more unreasonable the belief, the less likely it is that the court will accept it was honestly held.
S76 (7) of the Criminal Justice and Immigration Act 2008
Sets out two considerations that should be taken into account when deciding whether the force used was reasonable. Both are adopted from existing case law. They are:
that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action, and
that evidence of a person’s having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.
CRC
Calming
Rapport
Control
S3(1) Criminal Law Act 1967
Any person may use such force as is reasonable in circumstances in prevention of crime or in effecting or assisting lawful arrest of offenders or suspected offenders or of persons unlawfully at large.
S117 PACE
Power of constable to use reasonable force.
Where any provision of this Act—
(a)confers a power on a constable; and
(b)does not provide that the power may only be exercised with the consent of some person, other than a police officer,the officer may use reasonable force, if necessary, in the exercise of the power.
s17 PACE
Entry for purpose of arrest etc.
- Save life or limb or prevent serious damage to property.
- Arrest for an indictable offence or execute a warrant.
- Recapture unlawfully at large.
What use of force are you using if: you arrest and then lay hands on
s117 PACE
What use of force are you using if: lay hands on and then arrest
s3 CLA
PLAN
Proportionate – The amount of force used should be proportionate to the amount of force threatened.
Legal – Lawful force should be used: common law, S3 Criminal Law Act or S117 PACE.
Accountable – Actions should be recorded in the appropriate format (e.g. pocketbook, EAB or use of force form).
Necessary – Can the goal be achieved any other way rather than using force? By talking?
What is the signal crimes perspective?
This perspective explores the idea that peoples’ fear of crime and their feelings of safety are linked to certain crimes and behaviours, and the residue left behind by them – for example, needles left behind after drug use and litter on the floor after street drinking.
Certain crimes or incidents act as warning signals that something is wrong or lacking. These signals influence how people think and feel about other potential dangers. In particular, there are two types of signal: signal crimes and signal disorder.
What are signal crimes?
Any criminal incident that causes a change in the public’s behaviour or perception of security is a signal crime. Examples include a series of burglaries in the area, graffiti appearing, or broken glass appearing in the street (which could be from broken car windows, and restaurants and businesses overnight).
What is signal disorder?
Signal disorder relates to any act that breaches social order conventions and perhaps signifies the presence of other risks. This can include things like a group of youths regularly hanging around with no apparent purpose, or groups of people regularly drinking alcohol in public places.
SARA
The SARA process is a systematic way of managing problem solving and problem management that has been in use for some time in problem-oriented policing.
Scanning
Analysis
Response
Assess
