Use of Force
The law recognises that there are situations where Police Officers may be required to use force. The primary responsibility for using force rests with the officers, who are answerable to the law.
Officers should consider three core questions before using force.
- Would the use of force have a lawful objective (eg: the prevention of injury to others or damage to property, or the effecting of a lawful arrest) and, if so, how immediate and grave is the threat posed?
- Are there any means, short of the use of force, capable of attaining the lawful objective identified?
- Having regard to the nature and gravity of the threat, and the potential for adverse consequences to arise from the use of force (including the risk of escalation and the exposure of others to harm) what is the minimum level of force required to attain the objective identified, and would the use of that level of force be proportionate or excessive?
Powers and law
We have a number of powers and legislation which can help us in the fair and effective use of force.
The Criminal Law Act 1967 , the Police and Criminal Evidence Act 1984 and common law apply to all uses of force by the police and require that any use of force should be ‘reasonable’ in the circumstances. Reasonable in these circumstances means:
- absolutely necessary for a purpose permitted by law
- the amount of force used must also be reasonable and proportionate (ie: the degree of force used must be the minimum required in the circumstances to achieve the lawful objective) otherwise, it is likely that the use of force will be excessive and unlawful.
Excessive use of force is unlawful.
Section 76(7) of the Criminal Justice and Immigration Act 2008 sets out two considerations that should be taken into account when deciding whether the force used was reasonable. Both are adopted from existing case law. They are:
- that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action
- that evidence of a person’s having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.
Feedback
Your experiences and opinions of use of force are important to us. You can share your thoughts, good or bad, in the following ways:
Complete our thanks form or complaint form.
You can also give us feedback by contacting:
Montell Neufville, Chair of the Use of Force scrutiny panel
Citizens’ Advice Bureau (Ampthill), 10 Bedford St, Ampthill, Bedfordshire
MK45 2NB. Telephone: 01525 402742
Citizens’ Advice Bureau (Bedford), 7a St Paul’s Square, Bedford, MK401SQ. Tel 0844 245 1290
Citizens’ Advice Bureau (Dunstable), Grove House, 76 High St North, Dunstable, Beds, LU6 1NF. Tel: 01582 661384
Citizens’ Advice Bureau (Leighton Buzzard), Bossard House, West Street, Leighton Buzzard, Beds, LU7 1DA. Tel: 01525 373878
Citizens’ Advice Bureau (Luton), Community House, 15 New Bedford Road,
Luton, LU1 2DP. Tel: 03442451285