Use of Force Flashcards
Any use of force should be?
While carrying out your duties as a police officer you will sometimes need to use force to fulfil your duties.
Any force used should be:
Reasonable
Justified
Necessary
Proportionate
In the circumstances know at the time
Reasonable force is?
Reasonable force includes force that is NECESSARY and PROPORTIONATE, given ALL THE CIRCUMSTANCES KNOWN AT THE TIME.
Crime Act 1961
Section 39
Section 39 – Arrest
May use reasonable force to effect an arrest, or executing a warrant or process.
Any person who is justified may use such force as may be necessary to overcome any force used in resistance unless it can be executed by reasonable means in a less violent manner.
Reasonable force includes force that is NECESSARY and PROPORTIONATE, given ALL THE CIRCUMSTANCES KNOWN AT THE TIME.
Crime Act 1961
Section 40
Section 40 – Prevention of escape or rescue
May use reasonable force to prevent a person trying to avoid arrest
OR to prevent the escape or rescue of that person after his arrest.
OR where any inmate of a penal institution is attempting to escape from lawful custody.
Crime Act 1961
Section 41
Section 41 – Prevention of Suicide
May use reasonable force to prevent suicide or certain offences.
May be reasonably necessary in order to prevent the commission of suicide, or an offence likely to cause immediate and serious injury to the person or property of one.
Crime Act 1961
Section 42
Section 42 – Breach of the peace
May use reasonable force necessary to prevent a breach of the peach, or to prevent a disturbance continuing or restarting.
Everyone who witnesses a breach of the peace is justified in interfering to prevent its continuance or renewal and may detain any person committing it.
Crime Act 1961
Section 48
Section 48 – Defence of another
May use reasonable force necessary in self-defence of yourself or another person. As you believe necessary in the circumstances.
Everyone is justified in using, in the defence of himself or another, such force as it is reasonable to use.
Force used under Section 48 must pass both the SUBJECTIVE Test (what the person using the force believes) and the OBJECTIVE Test (what a reasonable person believes) when considering if the force used was reasonable in those circumstances.
Crime Act 1961
Section 62
Section 62 - Excess
Everyone authorised by law to use force is also criminally liable for any excess, according to the nature and the quality of the act that constitutes the excess.
The use of the Tactical Options Framework is not a defence for excessive force.
Policing Act 2008
Section 32 & 32A
Section 32 & 32A
Obtain details of identification from any persons in lawful custody & detained for committing an offence.
Police may use reasonable and necessary force to obtain them. This section applies when the person is at a police station or at any other place being used for police purposes.
Basic details – Name, address and DOB.
Photographs - Frontal & profile photographs including name / PRN or NIA ID & arrest date.
Fingerprints - Full Set.
Palm/footprints – Especially for burglars.
Policing Act 2008
Section 33
Section 33
Obtain details of identification (foot, finger, palm prints, photos) from any persons suspected of committing offences, & you intent to proceed by way of summons. (Used more for EBA’s)
They can only be detained for the period of time necessary to take the identifying particulars.
The person may be detained in any place for this purpose and reasonable force may be used as necessary.
Search & Surveillance Act 2012
Section 11
Section 11
(All obligations of Section 125 still apply)
You may conduct a search of a person to remove money & property from a person in lawful custody & who is to be detained securely.
Where a person is in lawful custody and is to be detained securely a police officer or other person employed pursuant to the Policing Act 2008, such as a jailer or matron, can search that person and things in their possession and take all money and property.
Reasonable force, where necessary, may be used to carry out the search or to take money or property.
