Physical Control in Care Training Manual - Independent Advisory ...

PHYSICAL CONTROL IN CAREexcessive or disproportionate force is used, or where theapplication of force is maintained for longer than necessary(even if its use is to achieve a lawful aim) this may constitutea breach of Convention rights.• General principles of common lawCommon law is developed through the courts by way ofjudicial rulings as opposed to law expressed in statutes andsubordinate legislation. As far as the use of force isconcerned, there is an established common law principle thata person has the right to act in defence of themselves orothers. The use of force in such circumstances will bejustified provided that the individual considered the use ofthat force to be reasonable in the circumstances at that time.Other relevant legislative frameworks:• The Criminal Law Act 1967Section 3(1) of the Criminal Law Act 1967 governs the use offorce permissible when an arrest is being made:“(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 suspectedoffenders or of persons unlawfully at large.”• Health and Safety at Work Act 1974The use of force may also involve consideration of healthand safety legislation. The use of force may be in responseto work place violence categorised as any incident where aperson is abused, threatened or assaulted in circumstancesrelating to their work. Members of staff employed across thesecure estate are entitled to the protection afforded by theHealth and Safety at Work Act 1974 and related legislationand their employer is obliged to comply with certain statutoryduties:In relation to employers, section 2 states: “It shall be the dutyof every employer to ensure so far as reasonably practicablethe health, safety and welfare at work of all his employees”.14© National Offender Management Service National Tactical Response GroupJuly 2010