Use Of Force Flashcards

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0
Q

What does section 40 relate to?

A

He use of force to prevent a person trying to avoid arrest or to escape after arrest.

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1
Q

What does section 39 of the crimes act 1961 relate to?

A

The use of force when carrying out an arrest or executing a warrant or process

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2
Q

What does section 41 relate to?

A

The use of force to prevent suicide or certain offences.

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3
Q

What does section 42 relate to?

A

It gives justification to those witnessing a breach of the peace to interfere, using force if necessary, to prevent the disturbance from continuing or restarting.

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4
Q

What does section 48 relate to?

A

The use of force in self defence or the defence of another.

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5
Q

What does section 32 of the policing act 2008 relate to?

A

Police may use reasonable and necessary force to obtain fingerprints, palm prints, photographs and biographical details etc if someone is in lawful custody of the police and is detained in a police station or at any other place being used for police purposes.

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6
Q

What does section 11 of the search and surveillance act relate to?

A

When a person is locked up it is okay to use reasonable force where necessary to search a person and take money and property of them for the safety of their property and them.

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7
Q

when must a TOR be submitted?

A

When a constable shows or uses reportable force on any person regardless of whether or not that person has been arrested.

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8
Q

What should you consider when using force?

A
Is it
Necessary
Reasonable
Proportionate
Justified
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9
Q

Section 62 of the crimes act 1961 states:

A

Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality o the act that constitutes the excess

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