Use of Force LAW

Question 1

Common LAW

Answer 1

A person may defend themselves or antoher, if they have an HONESLTY HELD BELIEF that they or another are in IMMINENT DANGER, you may use such force as is REASONABLE and NECESSARY in the circumstances.

A person about to be attacked does not have to wait for their assailant to strike the first blow or fire the first shot.

Circumstances may justify a PRE-EMPTIVE STRIKE

  > Honest Belief
  > Imminent Danger
  > Defend self / others
  > Pre-emptive strike (if justified)

Question 2

Section 3 Criminal Law Act 1967

Answer 2

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.

 > Prevention of Crime
 > Effect / Assist lawful arrest
 > Persons unlawfully at large

Question 3

Section 117 PACE

Answer 3

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.

  > Where power is conferred under PACE
  > Constable / Designated officer may use reasonable force to excercise the 
     power

Question 4

ECHR (Human Rights)

Answer 4

Article 2 - Right to life

Article 3 - Freedom from torture and inhuman or degrading treatment

Article 5 - Right to liberty and security

Article 8 - Respect for your private and family life, home and correspondence