Use Of Force Flashcards
What is common Law?
If you have an honest held belief that you or another are in imminent danger, you may use such force as is reasonable and necessary to avert that danger.
What is section 3 of the criminal law act?
A person may use such force as is reasonable in the circumstances in the prevention of crime or in the effecting or assisting in the lawful arrest of offenders, suspected offenders or persons unlawfully at large.
What is section 117 PACE?
Where any provision of this act confers powers upon a Constable but does not provide that the powers may only be exercised with the consent of some person other than an police officer, the officer may use reasonable force if necessary, in the exercise of this power.
What is section 76 CJIA 2008?
A person may use such force as is reasonable in the circumstances, as the person believed them to be for the purposes of: self defence, defence of another, defence of property, prevention of crime and lawful arrest.
What are the three core questions for police? Regarding use of force.
- Would the use of force have a lawful objective?
- Are there any means, short of the use of force, capable of attaining the lawful objective identified?
- What is the minimum level of force required to attain the objective identified, and would the use of that force be proportionate or excessive?
