Ethics and values - Kent Police

More documents

Recommendations

Info

Student NotesNOT PROTECTIVELY MARKEDthose reasonable steps in appropriate cases will include detaining himagainst his will short of arresting him.Section 3 of the Criminal Law Act 1967 and physical forceSection 3Criminal LawAct 1967 appliesto everyoneCriminal Law Act 1967 states:1. A person may use such force as is reasonable in thecircumstances in the prevention of crime, or in effecting orassisting in the lawful arrest of offenders or suspected offendersor of persons unlawfully at large.2. Subsection (1) above shall replace the rules of the common lawon the question when force used for a purpose mentioned in thesubsection is justified by that purpose.It should be noted that Section 3 of the Act applies to all persons andall circumstances. It makes no reference to terms such as:• Minimum force• Proportionality• Police officerWhere force is used in the prevention of crime or in effecting an arrest,you must consider whether there are any viable alternatives available.Where there are no viable alternatives to the use of force in theprevention of crime or effecting an arrest, the following points shouldYou will berequired tojustify youractionsbe borne in mind: Is the use of force:• Reasonable in the circumstances?Or• Proportionate to the seriousness of the case?• The minimum amount of force necessary?• An absolute necessity under the circumstances?If, during the course of your duty, you use force against anotherperson you are personally responsible for such use and may ultimatelybe required to justify your actions in a court of law. Any force usedmust at all times be proportionate and reasonable in the circumstances.‘Reasonableness’ is a question of fact to be decided in each individualIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 62 of 82© College of Policing Limited 2013
Student NotesNOT PROTECTIVELY MARKEDcase. Use of force is related to the circumstances as perceived byindividual officers at the time of the incident.In relation to the use of force by police officers, Article 2 is alsoparticularly relevant if the use of force results in the taking of life. Amore stringent test will apply, as the force used must be shown to havebeen no more than absolutely necessary, as opposed to reasonable inthe circumstances.Section 117 PACE 1984 and physical forceWhere any provision of this Act:Section 117PACE 1984• Confers a power on a constable; and• Does not provide that the power may only be exercised with theconsent of some person other than a police officer, the officermay use reasonable force if necessary in the exercise of thepower.Some common areas of applicationSection 1 - Stop and SearchSection 17 - Powers of entrySection 18 - Powers of entry and search post arrestSection 24 - Powers of arrest without warrant for constablesSection 32 - Powers of entry and search post arrestSection 61 - Power to take fingerprintsAgain, the responsibility for the use of force rests with you, and you willbe answerable to both criminal and civil courts.As the above demonstrates, the courts will expect you to be able tojustify your decision to use force and the level of that force. Indetermining whether the force was reasonable, courts will take accountof the need to give effect to the European Convention on Human Rights(ECHR).Deal With People in an Ethical Manner Recognising TheirIndividual NeedsIND01(AS)_EthicsandValues_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 63 of 82© College of Policing Limited 2013
Page 3 and 4:
Student NotesNOT PROTECTIVELY MARKE
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12: Student NotesNOT PROTECTIVELY MARKE
Page 61: Student NotesNOT PROTECTIVELY MARKE
show all

Ethics and values - Kent Police

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?