use-of-force-briefing, POLICJA, PDFs [ Pobierz całość w formacie PDF ]
//-->USE OF FORCE REMINDERYou are about to be deployed as part of a Police Support Unit. During your deployment it may or may not becomenecessary for you to use physical Force.Use of Force is an individual’s responsibility to justify and no Officer will act outside the law.There can be no justification for using force based solely on the fact you have been deployed in protectiveequipment, or that authority for the use of specialist tactics has been granted. In effect, the authority for suchmerely authorises the wearing or carrying of equipment or, the use of tactics.A reminder of the law when considering the use of Force is as follows.Section 3, Criminal Law Act 1967“A person may use such force as is reasonable in the circumstances in the prevention of crime, or in the effectingor assisting in the lawful arrest of offenders or suspected offenders, or of persons unlawfully at large”Common Law (R v Griffiths 1988)Common Law recognises that there may be circumstances in which one person may inflict violence on another,without committing a crime. It recognises as one of these circumstances, the right of a person to protect himself /herself from attack and to act in defence of others and if necessary to inflict violence on another in doing so. If nomore force is used than is reasonable to repel the attack, such force is not unlawful.If you have an honestly heldbelief that you or another, are in imminent danger, then you may use such force as is reasonable and necessary toavert that danger.Police and Criminal Evidence Act 1984Section 117 provides the authority for the use of force, when executing the powers found in the act.Article 2 ECHR“Everyone’s right to life shall be protected by law. Deprivation of life shall not be regarded as inflicted incontravention 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) To quell a riot or insurrection.S76 Criminal Justice and Immigration Act 2008Section 76 is intended to clarify the operation of the existing defences above. E.g. it reaffirms that a person whouses force is to be judged on the basis of the circumstances, as he/she perceived them.Individual ResponsibilityThe responsibility for the use of Force is an individual decision, which may have to be justified in legal / disciplinaryproceedings.The three core questions for police (as to when force may be used, and to what extent)1. Would the use of force have a lawful objective (e.g. the prevention of injury to others or damage toproperty, or the effecting of a lawful arrest) and, if so, how immediate and grave is the threat posed?2. Are there any means, short of the use of force, capable of attaining the lawful objective identified?3.Having regard to the nature and gravity of the threat, and the potential for adverse consequences to arisefrom the use of force (including the risk of escalation and the exposure of others to harm), what is theminimum level of force required to attain the objective identified, and would the use of that level of forcebe proportionate or excessive?A police officer asking each of these three questions, and acting according to the answers, will be likely toidentify the correct considerations governing the use of force, and therefore to be acting lawfully.Establish from each officerDo you fully understand what your role is before you are deployed?Do you feel physically / mentally able to perform the task being asked of you?Have you checked that you have the correct equipment for the task and that it is in operating order?Is there any operational matter that is of concern to you?Are there any factors you fear may affect your operational response?Source: Kent Police 2012. V3 [ Pobierz całość w formacie PDF ]