Use Of Force Flashcards
What does section 40 relate to?
He use of force to prevent a person trying to avoid arrest or to escape after arrest.
What does section 39 of the crimes act 1961 relate to?
The use of force when carrying out an arrest or executing a warrant or process
What does section 41 relate to?
The use of force to prevent suicide or certain offences.
What does section 42 relate to?
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.
What does section 48 relate to?
The use of force in self defence or the defence of another.
What does section 32 of the policing act 2008 relate to?
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.
What does section 11 of the search and surveillance act relate to?
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.
when must a TOR be submitted?
When a constable shows or uses reportable force on any person regardless of whether or not that person has been arrested.
What should you consider when using force?
Is it Necessary Reasonable Proportionate Justified
Section 62 of the crimes act 1961 states:
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