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Police Use of force

Police Use of force . In the UK, there have been a number of high-profile incidents whereby the police have been accused of using excessive force against the BME community in particular. During my police career I served in the police for a number of years on units usually called upon to deal with violent offenders and mass disorder. Now in the private sector, providing security guards across London and further afield, I find myself coaching our staff in the use of force. The trend of incidents being recorded and posted all over the web has meant ones actions have never been more scrutinised. I have noticed a big gap in the knowledge that the press, members of the public and professionals not from a police background, have in the use of force. I have no doubt that legally trained individuals have extensive knowledge around the laws encompassing use of force. But the initial use of force and the thought process behind it is a completely different matter. This article contains a lot of information and whether you skim through or read the full content, it provides a good insight into the process that precedes police use of force What does the law say? The law in the UK gives three main use of force powers. Two of which are not limited to a serving police officer. 1. Common law is the legislation that gives an individual the powers to use force against another in order protect yourself or another . Common law would cover the use of a pre-emptive strike. The force used must be measured and must stop as soon as the threat no longer exists . If you have an honestly held belief that you or another, are in imminent danger, then you may use such force as is reasonable and necessary to avert that danger. 2. Section 3, Criminal Law Act 1967 “A person may use such force as is reasonable in the circumstances in the prevention of crime, or in the effecting or assisting in the lawful arrest of offenders or suspected offenders, or of persons unlawfully at large” 3. Section 117 PACE 1984 (when an arrest is made force may be used). This use of force is specific to a warranted police officer Reasonable Force? The most contentious part of any use of force is whether its reasonable. Most people will have a different view of what is ‘reasonable' based on their knowledge or involvement in the incident. They may be:- · The person using the force · The person on the receiving end of the force · The direct witnesses · The wider local community · The press · Followers of social media platforms In any case, it is for the person using the force to justify their actions. It is for the police force and/or IPOC to review the incident and decide if any immediate action is required, but ultimately the courts to decide if their actions were justified. The police management team will have to asses a situation and decide if they feel there is an unjust element to the use of force. They will need to risk asses the actions of the officers involved and decide as to whether preventive measures need to be put in place to safeguard the police service and members of the public. They have many options under criminal law, but even more under general employment law. They may decide to restrict the officer involved and prevent him/her from having direct contact with member of the public or suspend the officer all together. Recently, due to events around the world, police managers are having to take the potential reaction from the community into account and this holds a higher factor in any decision they make. This can be a huge disadvantage for the officers involved. It is worth noting that any action taken internally is always a temporary measure to allow the IPOC or court process to take place. A police officer is trained to use force that is:- · Proportionate · Legal · Accountable · Necessary in the circumstances But how do they make the decision at the time of using force?