Use of Force and Public Order

Abstract

Police officers are required to make crucial life and death decisions in relation to themselves, colleagues, or members of the public. On many occasions this decision making process is undertaken during extremely stressful conditions. It is imperative that when force is used it is proportionate, lawful, accountable, and necessary. The use of force is a necessary tool for police officers and can conflict, albeit justifiably, with their moral obligation to protect life and preserve order. The attitude and behaviour of the officer in responding in an appropriate manner can impact how a society perceives whether their human rights are being protected or abused. This ultimately reflects upon public confidence in policing. This Chapter looks at the legal and police processes around the use of Force. For instance, Article 2 of the European Charter of Human Rights protects citizens’ “Right to Life”. Most police forces have a Code of Ethics around the use of Force. The use of force is also defined in statute and the test cases mentioned here, Beckford v The Queen” and Forrester v Leckey state a police officer’s obligations. The Case of McCann (1995) involving IRA members in Gibraltar also sets this out.The Ten Key Principles Governing the Use of Force by the Police Service are shown in. One of the principles states “Police officers may, consistent with this duty, use force in the exercise of particular statutory powers, for the prevention of crime or in effecting a lawful arrest” The author discusses the need for Police Officers’ actions to be “necessary and proportional” to the threat shown. This Chapter discusses the decision making models used in public order cases including the Conflict Management Model. The police are continually faced with balancing the competing rights of those who wish to protest and the rights of the whole community, and their duty to protect life and property from the threat of harm or injury. The police are accountable to the law and public order policing must be able to adapt to the ever-changing times and yet remain consistent in the implementation of command and tactics. Police Commanders may use Public Order Tactical advisors. These advisors can provide advice, guidance, and information in line with legislation and policy and provide up to date knowledge on public order legislation, national and regional policy, and standards for operational Commanders.