The Law relating to the Use of Force
It is important that we look at the law relating to the use of force and subject it to the under pinning principles relating to its application. In any incident at work or in our day-to-day lives, the law will always be judged in the same way.
"As a professional, you are personally accountable for your actions and omissions in your practice and must always be able to justify your decisions", and "you must always act lawfully, whether those laws relate to your professional practice or personal life".
Common law of self defence recognises that there are many circumstances in which one person may use force upon another without committing a crime, for instance in sporting contests or surgical operations. It allows a person to use force on three different levels:
Defend oneself from attack.
Defend an attack on a third party
R v Hegerty (1986) - genuine belief of imminent danger, the judge came to the conclusion that 'if was probable that the defendant acted almost instinctively to defend his colleagues without having time to assess the situation in the light of police regulations relating to the use of baton guns, and without having time to balance the nature of the injury which might be caused to the deceased against the nature of the injury which might be caused to one or other of the two police officers'.
Defend ones property.
Furthermore a person about to be attacked does not have to wait for their assailant to strike the first blow or fire the first shot; circumstances may justify a pre-emptive strike...Beckford v Queen 1988 (Self Defence).
In addition Section 3(1) of the Criminal Law Act 1967 provided that:
"A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large."
Individuals may need to consider, before resorting to the use of force, which of the following will result in the greater harm; the subject (actual or suspected) escaping or the subject being harmed.
Both common law and statutory defences can be used in respect of any crime in which the defendant is charged, and if successful will result in the defendant being completely acquitted. But if a defendant uses excessive force this shows that he acted unreasonably. Therefore, there will be no valid defence, and the defendant will be liable.
The 1998 Human Rights Act (HRA) aims to implement the provisions of the European Convention of Human Rights in the UK, and sets clear guidance on the freedom of the individual. In 2000 the HRA came into effect in the UK and set standards to be attained by all people. The use of physical interventions is more likely to be a breach of human rights when; the interventions the individuals status and respect or are degrading or used as a punishment or sanction.
Reasonable force can often be interpreted as meaning 'without casing unnecessary harm.'