Use of Force

Question 1

What is the baseline power available to all people for self-defence?

Answer 1

Common Law

Question 2

What does Common Law set out in relation to use of force?

Answer 2

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.

Question 3

Who can use Common Law powers?

Answer 3

Anyone

Question 4

In what situations can common law be used?

Answer 4

Saving life
Self-defence
Defence of property
Breach of peace
Pre-emptive strike

Question 5

What power does a pre-emptive strike come under?

Answer 5

Common Law

Question 6

What is a pre-emptive strike?

Answer 6

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.

Question 7

Who can use Section 3 Criminal Law Act 1967?

Answer 7

Any person

Question 8

What legislation does Section 3 (Use of Force) come under?

Answer 8

Criminal Law Act 1967

Question 9

What is the definition of force?

Answer 9

Anything that produces an effect on the mind or will

Question 10

Under Section 3 Criminal Law Act 1967, when can a person use resonable force?

Answer 10

Prevention of crime

Effecting or assisting a lawful arrest of offenders or suspected offenders

Apprehending any persons unlawfully at large

Question 11

When conducting a S23 Misuse of Drugs Act stop and search, what use of force power can be used?

Answer 11

Section 3 Criminal Law Act 1967

Question 12

Who can use Section 117 PACE 1984?

Answer 12

Police officers only

Question 13

When can a constable use force under Section 117 PACE 1984?

Answer 13

When the constable is exercising a PACE power, such as S1 or S24