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Ethics and values - Kent Police

Ethics and values - Kent Police

Ethics and values - Kent Police

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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 <strong>and</strong> physical forceWhere any provision of this Act:Section 117PACE 1984• Confers a power on a constable; <strong>and</strong>• 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 <strong>and</strong> SearchSection 17 - Powers of entrySection 18 - Powers of entry <strong>and</strong> search post arrestSection 24 - Powers of arrest without warrant for constablesSection 32 - Powers of entry <strong>and</strong> search post arrestSection 61 - Power to take fingerprintsAgain, the responsibility for the use of force rests with you, <strong>and</strong> you willbe answerable to both criminal <strong>and</strong> civil courts.As the above demonstrates, the courts will expect you to be able tojustify your decision to use force <strong>and</strong> 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)_<strong>Ethics</strong><strong>and</strong>Values_SNVersion 1.01 NOT PROTECTIVELY MARKED Page 63 of 82© College of Policing Limited 2013

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