Teenager slapped by Policeman

[anonymous-user]

Alpinestars said:

Red 4 said:

Alpinestars said:

Not when making an arrest.

Criminal Law Act 1967, S3. No requirement for necessary.

S117 of PACE is specific to Constables. Obviously there's overlap with S3 (empowering anyone), but S117 needs to be satisfied when a Constable makes an arrest:

PACE said:

117 Power of constable to use reasonable force.

Where any provision of this Act—

(a) Confers a power on a constable; and

(b) Does not provide that the power may only be exercised with the consent of some person, other than a police officer, the officer may use reasonable force, if necessary, in the exercise of the power.

[Alpinestars]

La Liga said:

S117 of PACE is specific to Constables. Obviously there's overlap with S3 (empowering anyone), but S117 needs to be satisfied when a Constable makes an arrest:

PACE said:

117 Power of constable to use reasonable force.

Where any provision of this Act—

(a) Confers a power on a constable; and

(b) Does not provide that the power may only be exercised with the consent of some person, other than a police officer, the officer may use reasonable force, if necessary, in the exercise of the power.

Sounds right.

Having had a re read, whilst S3 doesn’t use the words necessary, I think you’re right with the overlap in S117 PACE. And under Case Law, I think force must be necessary (and reasonable).

[Bigends]

pavarotti1980 said:

Bigends said:

Do we know why the Cops had hold of her in the first place?

Arrested for allegedly assaulting a pensioner i think it was?

Presumably she was told she was under arrest for that offence before the video starts.

[pavarotti1980]

Bigends said:

Presumably she was told she was under arrest for that offence before the video starts.

Who knows.

Maybe it was that which meant she kicked off. maybe she kicked off and it wasnt practicable to do so. Im not sure that is too relevant to be honest

[anonymous-user]

Alpinestars said:

La Liga said:

S117 of PACE is specific to Constables. Obviously there's overlap with S3 (empowering anyone), but S117 needs to be satisfied when a Constable makes an arrest:

PACE said:

117 Power of constable to use reasonable force.

Where any provision of this Act—

(a) Confers a power on a constable; and

(b) Does not provide that the power may only be exercised with the consent of some person, other than a police officer, the officer may use reasonable force, if necessary, in the exercise of the power.

Sounds right.

Having had a re read, whilst S3 doesn’t use the words necessary, I think you’re right with the overlap in S117 PACE. And under Case Law, I think force must be necessary (and reasonable).

The Human Rights Act resulted in the police using mnemonic PLAN as a consideration when undertaking various things, including use of force, which also supports necessity.

Proprotionate
Legal
Accountable
Necessary

[Greendubber]

pavarotti1980 said:

Bigends said:

Presumably she was told she was under arrest for that offence before the video starts.

Who knows.

Maybe it was that which meant she kicked off. maybe she kicked off and it wasnt practicable to do so. Im not sure that is too relevant to be honest

It's not

[Bigends]

Greendubber said:

pavarotti1980 said:

Bigends said:

Presumably she was told she was under arrest for that offence before the video starts.

Who knows.

Maybe it was that which meant she kicked off. maybe she kicked off and it wasnt practicable to do so. Im not sure that is too relevant to be honest

It's not

Maybe not - but theres been no mention of any offences committed other than the assaults on Police - so wonder why she was grabbed and restrained initially

[Red 4]

Bigends said:

Maybe not - but theres been no mention of any offences committed other than the assaults on Police - so wonder why she was grabbed and restrained initially

According to the press release feral underclass scum were fighting in the market place.

Cops arrived and feral underclass scum turned on them.

Crime that however you like. Be sure to mention feral underclass scum in the report.

Looking at the video, it would appear Accrington has a reasonable amount of feral underclass scum.

[Greendubber]

Bigends said:

Greendubber said:

pavarotti1980 said:

Bigends said:

Presumably she was told she was under arrest for that offence before the video starts.

Who knows.

Maybe it was that which meant she kicked off. maybe she kicked off and it wasnt practicable to do so. Im not sure that is too relevant to be honest

It's not

Maybe not - but theres been no mention of any offences committed other than the assaults on Police - so wonder why she was grabbed and restrained initially

It's widely mentioned she has assaulted an OAP, hence why the police were there. Stop looking for your usual negative spin.

I've also read that her mum also ended up in custody, st breeds st it would seem.

[Alpinestars]

La Liga said:

he Human Rights Act resulted in the police using mnemonic PLAN as a consideration when undertaking various things, including use of force, which also supports necessity.

Proprotionate
Legal
Accountable
Necessary

Thanks.