Use Of Force

Question 0

If you have entered a property under common law (BoP) then any use of force is also under common law powers.

Likewise if you enter to search a property under PACE and use force - our powers for use of force are so under PACE (s117)

Answer 0

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Question 1

Powers for use of force when making an arrest?

Answer 1

Any person has power to use force under:

• Common law (ie for BoP)
• S.3 criminal law act 1967
• S.24a PACE 1984

Pcso have all the above, plus:

• Schedule.4 police reform act 2002 (power to detain)
• S.17 PACE 1984 (enter premises to save life and limb and prevent serious damage)
• S38(8) police reform act 2002 (to use reasonable force to enter premises under S.17)

PC’s have all the above, plus:

• S.24 pACE 1984
• S.117 PACE 1984

Question 2

What section of pace allows a constable to use reasonable force if necessary when making an arrest?

Answer 2

S117

Question 3

Commonly use of force in self deference;

Answer 3

‘If you have an honestly held belief that your or another are in imminent danger, you may use such force as is reasonable and necessary to avert that danger’

Beckford v queen 1988 (self defence)

Question 4

S3 criminal law act 1967 states why regarding use of force?

Answer 4

‘A person may use such force as is reasonable int he circumstances in the prevention of crime, or in the effecting it assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large’

S3 Can be use by anyone

Question 5

What must any use of force always be?

Answer 5

Proportionate and reasonable in the circumstances as perceived by the officer at the time of the incident

Question 6

Some Common areas of application of use of force under s117 pace

Answer 6

S1 stop and search
S17 powers of entry
S18 powers of entry and search post arrest
S24 powers of arrest without warrant for constables
S32 powers of entry and search post arrest
S61 power to take fingerprints