Power of constable to use reasonable force
Part XI Miscellaneous and Supplementary
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.
Section 117 permits reasonable force, if necessary, where PACE confers a power on a constable without requiring another person’s consent. The court held that the lawful clothing-removal power could be exercised with necessary and reasonable force in the circumstances. (see paras [35]; [71]; [77])
The court applied the requirement of reasonable force to the officer’s take-down of the claimant. The act was reasonable when assessed against the urgent circumstances and perceived risks; the unintended severity of the injury did not establish the contrary (see paras [24]–[29]).
Applies the reasonable-force standard to the exercise of a police power. The Court of Appeal concluded that the force used in the arrest was reasonable when assessed against the circumstances known to the officer, including the need for swift action and the risk of escape or weapons. (see paras [24]–[29])
18 more judgments, and what each says about section 117, are in the case-law panel in the full Act.