Use Of Force

Question 1

PLAN?

Answer 1

Proportionate, legal, accountable, necessary

Question 2

Use of force legal defences?

Answer 2

Common law, section 3 criminal law act 1967, section 117 police and criminal evidence act 1984, section 76 criminal justice and immigration act 2008

Question 3

Where is article 2 of the ECHR enshrined?

Answer 3

Enshrined in Human Rights Act 1998

Question 4

What does article 2 of the ECHR say?

Answer 4

Everyone has a right to life but deprivation of life shall not be regarded as in contravention of this article if the use of force is no more than absolutely necessary:
a. Defence of any person against unlawful violence, b. Affecting a lawful arrest or prevent escape, c. Lawfully quelling a riot or insurrection

Question 5

Questions to ask when using force?

Answer 5

1. Is it lawful and for a lawful purpose?
2. Is it necessary? Are there other ways to achieve the lawful purpose?
3. What is the minimum level of force necessary to achieve the lawful aim and would that level be proportionate or excessive?

Question 6

What does Section 117 of PACE do?

Answer 6

Confers power on a constable to use reasonable force, if necessary, in the exercise of any other PACE power / part of the PACE legislation

Question 7

Who can use force under S117 of PACE?

Answer 7

A police constable

Question 8

Who can use force under common law and S3 of the criminal law act 1967?

Answer 8

Anyone

Question 9

What is force?

Answer 9

Physical force but can include influences and anything that tends to produce an effect on the mind or will

Question 10

What is common law self defence?

Answer 10

If you have an honestly held belief that you or another are in imminent danger then you may use such force as is reasonable and necessary to avert that danger

Question 11

Under common law what is imminent?

Answer 11

Now. Can’t be ‘come outside’ has to be ‘I’m going to hurt you now’

Question 12

What is an honestly held belief in common law self defence?

Answer 12

What the defendant knew and believed at the time. It doesn’t include what others may have known or believed or what the defendant may later know. The belief can be based on mistaken facts if honestly held.

Question 13

What is reasonable and necessary force?

Answer 13

What any ordinary reasonable person would do given the defendants circumstances and based on what the defendant knew and believed at the time. Taking into account the pressure of being attacked, level of threat as the defendant believed it and the likely harm

Question 14

What circumstances would using force based on a belief in mistaken facts not be a defence?

Answer 14

If the mistake arises due to involuntary intoxication

Question 15

Can preemptive use of force be justified?

Answer 15

Yes circumstances may justify a preemptive strike

Question 16

Other than averting imminent danger to yourself and others what other reasons could a common use of force defence cover?

Answer 16

Imminent breach of the peace

Question 17

What does S3 criminal law act 1967 say?

Answer 17

A person may use force as is reasonable in the circumstances in: prevention of crime, effecting or assisting in a lawful arrest of offenders or suspected offenders, or of persons unlawfully at large

Question 18

When would S3 of criminal law act 1967 be applicable where common law wouldn’t?

Answer 18

If the danger wasn’t imminent

Question 19

Which law codifies English case law and common law on self defence but makes no changes to the law?

Answer 19

Section 76 of the Criminal Justice and Immigration Act 2008