What are the police use of force powers: when can police use force against me?

The police use of force powers give the police certain powers in order to effectively carry out there role, however, they can be misused. There have been many reports in recent years where the police have been accused of using excessive force against the public. It was recently reported that misconduct by police officers in England and Wales had increased by almost a third since last year, with the Home Office recording 31% more incidents in the year ending March 2024. In the year ending March 2023, there was also an 8% increase in the total number of use of force incidents by police.

It is important to understand your rights when it comes to police powers, especially when it comes to the use of force. There are set powers and rules in place that police must follow for a reason, to allow them to do their job effectively and lawfully, but also to keep the general public safe. Police abuse of power in unacceptable and any officers who abuse their powers should not be allowed to get away with it.

If you have ever been involved with an incident with the police that resulted in any kind of force being exerted against you, you may well have been left feeling shocked, upset and angry. You may be wondering whether they are allowed to use such force against you and what your rights are in relation to this.

In this article, we are going to explain the police use of force powers, at what times it’s appropriate for police to use force against an individual, provide examples of police use of force and explain what your rights are when police misuse their powers against you. Remember, if you have ever suffered from police abuse of powers such as excessive force used against you, you have the right to launch a civil case against the police to claim compensation for the ordeal.

When can the police use force against me?

The police can only use force against an individual if there is a lawful objective for doing so. There are set rules and laws in place that govern police powers, and an officer must follow these rules when undertaking their role. They can only use force if it complies with the law in place that tells them they can do so, which include the following.

The Criminal Law Act 1967

The Criminal Law Act 1967 allows the police to use force that is reasonable to:

• Prevent crime
• Lawfully arrest or help arrest someone who’s committed a crime, suspected of committing a crime, or who has unlawfully escaped custody

The Police and Criminal Evidence Act 1984 (PACE)

The Police and Criminal Evidence Act (PACE) 1984 outlines police powers, including when and how they can use force. Section 117 states police can use reasonable force as long as it’s necessary.

What is reasonable force?

When police use force, it must be reasonable. Using reasonable force means the force must be justified in the circumstances and it must be proportionate. This means these must be a need for the officer to use force in the first place and it shouldn’t be excessive given the circumstances. In all situations, police should use the minimum amount of force required to achieve their objective.

Ultimately, using force against anyone should be a last resort. Police officers should respect and protect individuals and try to cause as little injury or damage as possible when carrying out their job.

Examples of police use of force powers

There are many different examples of police use of force depending on the situation, this can include:

• Handcuffing people
• Restraining individuals, such as holding a person’s arms
• Using batons, irritant spray, spit or bite guards
• Shields
• Pressure point and joint locks
• Using tasers
• Firing rubber bullets
• Use of firearms

This is not an exhaustive list, there may be other forms of force officers use in the line of duty. However, as previously discussed, the force must be necessary in the situation and reasonable.

If an officer uses force, they must record it. The College of Policing outlines the requirements of these records, and police must make not when force is used to:

• Make an arrest
• Move someone
• Detain someone under the Mental Health Act 1983
• If a person was injured
• If the use of force resulted in actual bodily harm (ABH)

What is classed as excessive force?

Excessive force is any action by a police officer that is too forceful or heavy-handed in the context of the situation. We often see allegations against officers when individuals feel that the force used was excessive, for example:

• The individual was cooperative and showed no aggressive behaviour, yet force was still used.
• If an individual was cooperating, calm and posing no threat, yet they were still handcuffed, which felt excessive.
• An individual felt threatened and intimidated by police officers who pointed weapons at them, or used restraint and weapons on them, resulting in actual bodily harm.

Officers receive extensive training on the police use of force powers, which should allow them to be good judges of when to use force, whether it is necessary in the situation and whether it is reasonable. If an officer uses force that is unreasonable or excessive, they will find it difficult to defend of justify these actions due to their training.

Each situation an officer deals with is unique, and the same approach cannot be applied to all people. Officers must take into consideration different facts and characteristics when determining what force to use, such as:

• Disability
• Under 18s
• Vulnerable persons e.g. those who have taken substances such as alcohol or drugs, those who are of smaller or larger build, and those who are particularly stressed

What to do if you feel police have used excessive force against you?

It is crucial for every individual to understand their rights and what constitutes as excessive force by the police. You have rights, and the law provides clear guidelines on how and when force can be used by the police, emphasising the fact it must always be reasonable, necessary and proportionate. If you believe you have been mistreated by the police and a victim of excessive force, it is important to seek legal advice.

You do not have to accept poor police behaviour. No matter the situation, you do not deserve to be mistreated or assaulted by police. Therefore, you have the right to make a civil claim against the police if they have mistreated you. You can claim compensation for the ordeal, and fight to have the officers disciplined for their misconduct.

HNK Solicitors can help with your excessive force claim

It is hard to know what is classed as excessive force, but if you can prove the actions of the officers were disproportionate to the situation, you could be entitled to claim compensation. These cases can be hard to prove and are highly contentious, which is why it’s useful to instruct a specialist action against the police solicitor. They can help you gather the evidence you need to support your claim and know the relevant laws and regulations, so can fight on your behalf to get the compensation you deserve.

Our solicitors have years of experience helping individuals claim huge sums in compensation after they have suffered assault at the hands of police. For example, we recently helped a 75-year-old man claim £107,000 from the British Transport Police for assault and wrongful arrest.

HNK Solicitors have a team of dedicated action against the police solicitors who can help you get the compensation you deserve for the ordeal you have suffered. They will be able to assess the details of your case, represent you when making the claim and even support you in court if needed. They’ll ensure you get the right amount of compensation based on the facts of your case.

We understand that suffering excessive force or police assault is extremely traumatic, especially when officers use their powers meant to protect you to cause harm. Our solicitors are here to help guide you through the process, making it as stress-free as possible and providing support to help you move on from the incident.

We take on claims on a no-win, no-fee basis, which means you don’t have to pay a penny upfront to start your claim. We also provide free consultations, where we can discuss the details of your case and advise you on whether you’re eligible to make a claim, and what the next steps are. Get in touch with our specialist action against the police solicitors today on 0151 668 0809 or enquires@hnksolicitors.com. Alternatively, fill in our online claim form, and a member of our team will be in touch to find out more and get started with your claim.