Police Use of force
Police Use of force
Use of force by Police services world-wide is big topic at the moment. 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?
Officer safety Model
The national decision model often referred to as the officer safety model is taught to officers throughout their career. It isn’t law, it’s a guide to ensuring that any use of force is lawful. It takes years to fully understand the model and is mastered with experience. Some police officers are able to work through the model in the most stressful of situations without pause. They can carry out the action of using force safe in the knowledge that it was proportionate , legal, accountable and necessary, as well as demonstrating how they came to the decision of using the level of force they used.
Information – gather information and intelligence
During this stage the decision maker defines the situation (ie, defines what is happening or has happened) and clarifies matters relating to any initial information and intelligence.
Decision makers (ie, potentially everyone in policing) could ask themselves:
What is happening?
What do I know so far?
What do I not know?
What further information (or intelligence) do I want/need at this moment?
Assessment – assess threat and risk and develop a working strategy
This analytical stage involves assessing the situation, including any specific threat, the risk of harm and the potential for benefits. Among other things decision makers should consider the objectives of preventing discrimination, promoting good relations and fostering equal opportunities.
Develop a working strategy to guide subsequent stages by asking:
Do I need to take action immediately?
Do I need to seek more information?
What could go wrong (and what could go well)?
What is causing the situation?
How probable is the risk of harm?
How serious would it be?
Is that level of risk acceptable?
Is this a situation for the police alone to deal with?
Am I the appropriate person to deal with this?
What am I trying to achieve?
Will my action resolve the situation?
Powers and policy – consider powers and policy
This stage involves considering the powers, policies and legislation that could apply in this particular situation.
Decision makers could ask themselves:
What police powers might be required?
Is there any national guidance covering this type of situation?
Do any local organisational policies or guidelines apply?
What legislation might apply?
Is there any research evidence?
It may be reasonable to act outside policy as long as there is a good rationale for doing so.
Options – identify options and contingencies
This stage involves considering the different ways to make a particular decision (or resolve a situation) with the least risk of harm.
Decision makers should consider:
the options that are open
the immediacy of any threat
the limits of information to hand
the amount of time available
the available resources and support
their own knowledge, experience and skills
the impact of potential action on the situation and the public
what action to take if things do not happen as anticipated.
If decision makers have to account for their decisions, will they be able to say they were:
proportionate, legitimate, necessary and ethical?
reasonable in the circumstances facing them at the time?
Action and review – take action and review what happened
This stage has two distinct steps. At the action step, decision makers are required to make and implement appropriate decisions. The review step requires decision makers to review and reflect on what happened once an incident is over.
Action
Respond:
Implement the option you have selected.
Does anyone else need to know what you have decided?
Record:
If you think it is appropriate, record what you did and why.
Monitor:
What happened as a result of your decision?
Was it what you wanted or expected to happen?
If the incident is continuing, go through the NDM again as necessary.
Review
If the incident is over, review your decisions, using the NDM. What lessons can you take from how things turned out and what might you do differently next time? If appropriate, evaluate the impact of the decision on outcomes.
Summary
As you can see, use of force isn’t something that happens with little or no consideration. Of course, there are times when a person will use an unjustified amount of force. But unless they can prove they have acted lawfully, they are treated just like any other person suspected of breaking the law. In fact, they are often treated more harshly as the courts tend to agree police officers should be held more accountable for their actions.
Watching videos of alleged excessive force will provide you with the visual act of force being used. It will not provide you with details as to why the officer is using force and indeed what process he/she went through in order to arrive at the decision to use force.
I don’t recall working with any police officer that started a shift with the intention of using force on a person as a premeditated idea. I worked in frontline policing for over a decade across several forces and several units. My experience has always been positive in the sense that any wrong doing by colleagues was always challenged and rightly punished. But I also saw a lot of police officers being mistreated by senior management and the press for simply doing their job.
With all the negative press about police officers’ actions at this present time, I would urge people to consider the contents of this article and other information widely available before coming to a conclusion. Of course, officers should be held accountable if they cannot justify their use of force. But our police officers are considered the best in the world and we must provide them with the support to carry out a dangerous and often thankless job.