Use of Force Flashcards
What is the baseline power available to all people for self-defence?
Common Law
What does Common Law set out in relation to use of force?
Where there is an HONEST HELD BELIEF that there is an IMMEDIATE THREAT of violence towards self or another, REASONABLE force that is PROPORTINATE and JUSTIFIED may be used to defend self or another.
Who can use Common Law powers?
Anyone
In what situations can common law be used?
Saving life
Self-defence
Defence of property
Breach of peace
Pre-emptive strike
What power does a pre-emptive strike come under?
Common Law
What is a pre-emptive strike?
Beckford v R:
A man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot; circumstances may justify a pre-emptive strike.
Who can use Section 3 Criminal Law Act 1967?
Any person
What legislation does Section 3 (Use of Force) come under?
Criminal Law Act 1967
What is the definition of force?
Anything that produces an effect on the mind or will
Under Section 3 Criminal Law Act 1967, when can a person use resonable force?
Prevention of crime
Effecting or assisting a lawful arrest of offenders or suspected offenders
Apprehending any persons unlawfully at large
When conducting a S23 Misuse of Drugs Act stop and search, what use of force power can be used?
Section 3 Criminal Law Act 1967
Who can use Section 117 PACE 1984?
Police officers only
When can a constable use force under Section 117 PACE 1984?
When the constable is exercising a PACE power, such as S1 or S24
