Use of Force Flashcards
Common Law
Reasonable force can be used…
- To stop a breach of the peace or to prevent an imminent breach of the peace.
- To save life
- Self-defence if no more force is used than is reasonable to repel an attack, such force is not unlawful and no crime is committed.
- Where there is a threat of imminent violence.
s3 Criminal Law Act 1967
“A person may use such force as is reasonable in the circumstances in the prevention of crime, or in the effecting or assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large.”
s76 Criminal Justice and Immigration Act 2008
Reasonable force for purposes of self-defence etc.
(a) The common law defence of self-defence
(b) the common law defence of defence of property
(c) the defences provided by section 3(1) of the Criminal Law Act 1967
Human Rights Act 1998
Article 2 Right to life
1) Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2) Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary;
(a) In defence of any person from unlawful violence;
(b) In order to affect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) In action lawfully taken for the purpose of quelling a riot or insurrection.
s117 Police and Criminal Evidence Act 1984
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.
This section applies only to the powers under the Police and Criminal Evidence Act given to police.
