So why do police officers end up in violent situations.
Never need to resort to force is utter bollox.
Typical cop, (as usual causing more trouble than you solve)
I advise all DS the police can be the enemy as well. Be very, very careful around them.
Glad you remain to type. To prove my belief.
Well, may I offer a bit of advice to differ with my colleague. And perhaps try to ease some trouble, with some points for thought. Take or leave it as you wish.
Yes, you have to use force now and again as a police officer. Preferrably on the most favourable terms for you (both at the time in an subsequent criminal court, please note I do not touch civil which I am unqualified to comment on).
Here is the CPS legal guidance, which is quite important as these are the people who will decide whether or not to prosecute any use of force (by any one)
Self Defence: Legal Guidance: The Crown Prosecution Service
When reviewing cases involving assertions of self-defence or action in the prevention of crime/preservation of property, prosecutors should be aware of the balance to be struck:
"the public interest in promoting a responsible contribution on the part of citizens in preserving law and order; and
in discouraging vigilantism and the use of violence general"
So those overlapping principles must guide any legal response to “self-defenceâ€. I'll skip over the Criminal Law Act s3 (which is the any person right to use reasonable force) and the general “Common law†right of self-defence if I may-look up the acts if you wish.
In assessing the reasonableness of the force used, prosecutors should ask two questions:
"was the use of force necessary in the circumstances, i.e. Was there a need for any force at all? and
was the force used reasonable in the circumstances"
Ultimately, the question must be answered
"The jury must then go on to ask themselves whether, on the basis of the facts as the accused believed them to be, a reasonable person would regard the force used as reasonable or excessive".
Critical is is;
"If there has been an attack so that self defence is reasonably necessary, it will be recognised that a person defending himself cannot weigh to a nicety the exact measure of his defensive action. If the jury thought that that in a moment of unexpected anguish a person attacked had only done what he honestly and instinctively thought necessary, that would be the most potent evidence that only reasonable defensive action had been taken ..."
Please, please, please pay attention to that bit".
And you must, repeat must, remember this:
"The fact that an act was considered necessary does not mean that the resulting action was reasonable
Now this always comes up: the premptive strike".
There is no rule in law to say that a person must wait to be struck first before they may defend themselves, (see R v Deana, 2 Cr App R 75)
This is not a substitute for legal guidance, but I hope it is a useful general guide to the legal philosophy of this tricky concept.
I haven't touched “instant arming†yet (ie, you face someone with a knife, and so in the dire emergency of the situation, you cannot retreat and so to preserve your life or the lives of others, pick up and chair and clobber him, for example).
Then of course, you must refer to the level of injury sustained by you assailant and the relevant charge and points to prove (murder, manslaughter, wounding with intent, GBH, ABH, common assault, etc).
Hope that all makes a bit of sense.
Right-as to instant arming. I would sugget that this is covered by the prevention of crime act 1953 (creating the offence of offensive weapon) as ammended by section 139 of the Criminal Justice Act 1988 (I'm not touching firearms, area of law I am thoroughly unqualified to speak on).
Essentially the offensive weapons reverses the burden of proof to the defendent having reasonable excuse or lawful authority for the offensive weapon (which is something
made, adapted or intended for causing harm or injury to another) or the sharply pointed or bladed object.
With me so far?
So if you instantly armed due to the exigency of the situation (in proportion to the fear of the force you were about to be subject to), I suggest this is different to preparatory arming in anticipation and then perhaps going to cause the confrontations, whereby you then rely on "self-defence".
Do you follow? I suggest the later would be frowned on, but the former not.
Hope that's clear.
Please note I do not touch CS sprays, etc, etc as they are prohibited weapons for the purpose of the s5 Firearms Act.
Section 5(1)(b) any weapon of whatever description designed or adapted for the discharge of any noxious liquid gas or other thing. Generally stun guns or electric shock devices, CS gas not usually cattle prods but depends on type. Note: Parliament has provided that disguised weapons fall within the provisions for a minimum sentence and so, an offence contrary to section 5(1A) should be charged rather than an offence contrary to seciton 5(1)(b) where a stun gun is disguised as another object and also meets the requirements of section 5(A1), (R v Brereton [2012]EWCA Crim 85) ;
Firearms: Legal Guidance: The Crown Prosecution Service
Anyway, if you have got to the bottom I thank you for your attention and hope it has helped your thinking on this subject.
It is not of course a substitute for legal advice; but may focus thinking on this issue, and avoid unfortunate and avoidable problems for forum users.