Understanding The Use Of Reasonable Force

Duty of Care

All staff owe a “Duty of Care” to clients they have contact with through their paid/voluntary

work.

The Neighbour Principle

A duty of care is said to be owed to: “persons who are so closely and directly affected by my

act that I ought reasonably to have them in contemplation as being so affected when I am

directing my mind to the acts or omissions which are called in question”.

This ‘principle’ was first laid down by Lord Atkin in the case of Donoghue v Stevenson [1932]

AC 562 (at 580), where it was held that the manufacturer of a bottle of ginger beer owed a

duty of care to the person who eventually drank it.

Reasonable Force

Remember: Reasonable Force must only be used with a minimum of two staff members

Sec 3(1) of the Criminal Law Act 1967 provides 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 of persons

unlawfully at large”

The use of force against the person may be justified or excused in law because the force was

reasonably used in the defence of certain public or private interests.

• To prevent or terminate the unlawful detention of oneself or another – governed by the common law;
• To prevent or terminate a breach of the peace – governed by the common law;

Physical Force should only be used if “absolutely necessary” and as a last resort when all nonviolent options have been exhausted.

However, this still means that force could be a first resort where a failure to use force could result in

greater harm being done.

The amount of force used should be proportionate, which is enough to overcome the resistance

offered whilst attempting to minimise injury to all concerned.

Physical force should only be used for its lawful purpose and not for:

• Revenge;
• Retaliation;
• Retribution;
• Teaching people a lesson.

Reasonable Force

The requirement to use force which is reasonable in the circumstances involves two issues:

• Absolute Necessity
• Proportionality

What is Reasonable?

• Was the force used necessary (or honestly believed to be necessary) to prevent the crime or effect the arrest?
• Was the force used proportionate to the evil to be avoided?

Necessity

The need or ‘necessity’ to use force is generally based on what a reasonable person would think it

would be necessary to do when confronted with a situation.

The Proportionality Rule

The standard of PROPORTIONALITY is best defined in terms of what is reasonably proportionate to

the amount of harm likely to be suffered by the defendant or likely to result if the forcible

intervention is not made.

REMEMBER

If it is not NECESSARY to use force, (so force should not be used) then we cannot construct

an argument that although we shouldn’t have done it the force used was proportionate.