Use of Force legislation Flashcards
Definition of Section 3(1) Criminal Law Act 1967
A person may use such force as is necessary in the circumstances, in the prevention of crime, or in effecting or assisting in lawful arrest of offenders or suspected offenders, or of persons unlawfully at large
Definition of Section 117 PACE 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
Common Law powers
Save life
Self defence
Prevent a ‘Breach of the Peace’
To ensure that you align with the Human Rights Act 1998, what must you always do?
Always consider your actions are:
(PLAN) Proportionate to the threat Legally supported by legislation Accountable to the organisation Necessary to achieve your legitimate aim
When is handcuffing justified?
handcuffing is justified when there is reason to believe:
- that a person may escape or attempt to escape
- violence is likely to be used against the officer or a member of the public
ABCDE of handcuffing
A - Apply the handcuffs B - Be sure to ask if they are too tight C - Check the handcuffs for tightness D - Double lock the handcuffs E - Evidence it (MDT/PNB)
What should you avoid doing when handcuffing?
avoid handcuffing:
- a subject to an officer
- a subject to a fixed object
- a subject to another subject