Use of Force Flashcards
List the powers associated with use of force …
- Common Law
- Section 3 - Criminal Law Act 1967
- Section 117 - Police and Criminal Evidence Act 1984
What is the Common Law Use of Force?
Permits reasonable and proportionate force where necessary in self-defence or defence of another or to stop or prevent a breach of the peace.
What does Section 3 - Criminal Law Act 1967 state?
A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.
What does Section 117 - Police and Criminal Evidence Act 1984 state?
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.
Which Articles of the ECHR are relevant to police use of force?
Police officers respect everyone’s right to life (Article 2) and do not under any circumstances inflict, instigate or tolerate any act of torture, inhuman or degrading treatment or punishment (Article 3).
What does Article 2 of the ECHR state?
This right shall be protected by law. No one shall be deprived of life intentionally. Deprivation of life shall not be regarded as being in contravention of this Article if force is used, being no more than absolutely necessary, in order to:
- defend from unlawful violence;
- effect a lawful arrest;
- prevent the escape of a person lawfully detained;
- a lawful action to quell a riot or insurrection.
In what circumstances can reasonable force be used?
A person may use such force as is reasonable in the circumstances for the purposes of:
- self-defence; or
- defence of another; or
- defence of property; or
- prevention of crime; or
- lawful arrest.
