Ethics and values - Kent Police

Student NotesNOT PROTECTIVELY MARKEDagainst the person backed up by law-enforcement machinery forthe prevention, suppression and sanctioning of breaches of suchprovisions• The State (under well-defined circumstances) has a positiveobligation to take preventative measures to protect an individualwho is at risk from the criminal acts of others.• The obligation must not be interpreted so that it places animpossible or a disproportionate burden on the authorities.‘it must be established … that the authorities knew or ought to haveknown at the time of the existence of a real and immediate risk tothe life of an identified individual or individuals from the criminalacts of a third party and that they failed to take measures within thescope of their powers which, judged reasonably, might have beenexpected to avoid that risk.’Common Law/Use of Force/Self Defence/Breach ofEuropeanConvention onHuman Rightsthe PeaceThe following, in addition to the need to give effect to the EuropeanConvention on Human Rights (ECHR), may be factors, which the courtswill take into account when deciding what is reasonable.The law on self defence arises both under the common law defence ofself-defence and the defences provided by section 3(1) of the CriminalLaw Act 1967 (use of force in the prevention of crime or makingarrest). It has recently been clarified by section 76 of the CriminalJustice and Immigration Act 2008.Section 76 of the Criminal Justice and Immigration Act 2008 providesclarification of the operation of the existing common law and statutorydefences.Section 76, section 76(9) in particular, neither abolishes the commonlaw and statutory defences nor does it change the current test thatallows the use of reasonable force.IND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 60 of 82© College of Policing Limited 2013