Use of Force

Question 1

Explain how sections 39,40,41, 42 and 48 of the Crimes Act 1961, authorise you to use force in certain circumstances:

Answer 1

S39: UoF hen carrying out an arrest or executing a warrant

S40: UoF to prevent the avoidance of arrest, or escape or rescue subsequent to arrest

S41: UoF to prevent suicide or the commission of certain offences

S42: UoF for pubic to stop a breach of the peace

S48: UoF to protect ourselves and others

Question 2

Explain the liability imposed by Section 62 of the Crimes Act 1961 for excessive use of force:

Answer 2

Section 62 makes anyone authorised by law to use force criminally responsible for any excessive use of force.

Question 3

Explain how sections 32 and 33 of the Policing Act 2008 justify the use of force:

Answer 3

S32: Allows force to be used to obtain details of identification - fingerprints, photographs etc from people in lawful custody and detained for an offence.

S33: Allows force to be used to obtain details of identification - palm/footprints, biographical details etc from people suspected of committing an offence and there is an intention to proceed against them by way of issuing a summons.

Question 4

Explain how Sections 11 and 125 of the S&S Act 2012 justify the use of force on a person who is to be locked up in police custody:

Answer 4

Sections 11 & 125 allow for reasonable force to be used to remove money and property from a person in lawful police custody, who is to be locked up in police custody.

Question 5

Identify when a Tactical Options Report must be submitted:

Answer 5

Showing a Taser or firearm.

Using force - OC spray, baton, weapons of opportunity (torch), police dog etc.

Question 6

Explain the term: Reasonable use of force

Answer 6

Force that is necessary and proportionate, given all the circumstances known at the time.

Question 7

Explain the term: Necessary and proportionate

Answer 7

It must be necessary to use force and that force used must be proportional to the threat offered.

Question 8

Explain the term: Reasonable in all the circumstances known at the time

Answer 8

What the person using the force actually believed the circumstances were at the time they used the force.

Question 9

Define the term: ‘Shows’ force

Answer 9

Holding an appointment, Taser or weapon in a way which shows the offender that you are ready to use it.

Question 10

Define the term: ‘Uses’ force

Answer 10

Actually using force against the offender.