Use Of Force Flashcards
Section 117 PACE
Power of constable to use reasonable force
Where any provision of this Act— (a)confers a power on a constable; and
(b) does not provide that the power may only be exercised with the consent of some person, other than a police officer, the officer may use reasonable force, if necessary, in the exercise of the power.
Section 3 Criminal Law Act 1967
Use of force
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 or suspected offenders, or of persons unlawfully at large
Criminal justice and immigration Act 2008 sec 76
is intended to clarify the operation of the existing defences above. E.g. it reaffirms that a person who uses force is to be judged on the basis of the circumstances, as he/she perceived them
HONEST HELD BELIEF
Common law
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.
When can article 2 (right to life) become limited
a) In defence of any person from unlawful violence.
b) In order to affect a lawful arrest or to prevent the escape of a person lawfully detained.
c) To quell a riot or insurrection.