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Number: D 2600
Last Updated: 14 June 2024
Version 1 – June 2024
This policy identifies the requirement for officers and staff to record their use of force in accordance with the NPCC and Home Office Use of Force Guidance.
This policy identifies the requirement for officers and staff to record their use of force in accordance with the NPCC and Home Office Use of Force Guidance.
The recording of any use of force is important in order to:
Compliance with this policy and any linked procedures is mandatory.
This policy identifies the requirement for officers and staff to record their use of force in accordance with the NPCC and Home Office Use of Force Guidance.
The recording of any use of force is important in order to:
Officers must always consider their use of force in line with the National Decision Model National Decision Model and impact factors and ensure it is recorded in accordance with the NPCC and Home Office Use of Force Guidance.
What is a Use of Force?
A use of Force should be recorded in the following circumstances:
When to complete a UoF form?
The completion of the use of form is a mandatory requirement and must be completed when an officer or staff member uses force. It should be completed as soon as is practicable and preferably, within the tour of duty the force was used. This should be completed before any period of leave.
NOTE: there is a separate process to follow regarding PIP.
Officers and staff are required to ensure that their own use of force is recorded. If an officer or member of staff uses force on more than one person, a new report will be completed for each person on whom force is used.
If the officer is unable to access the mandatory form and cannot locate a colleague who can then they must:
If an officer or member of staff uses force in another policing force, then they should complete their home Force’s records.
The use of force form is purely for data and statistics it is not an MG11 and should never be considered a substitute for a comprehensive pocket notebook entry and or MG11.
If an officer gains compliance by communication alone, this does not require the mandatory use of force form to be completed. However, the officer should still record what they said as this may constitute evidence.
What legislation governs use of force?
Common Law
Reasonable force may be used to defend oneself or another or property against attack. Such force is not unlawful. Common Law states that the person does not have to wait for the first blow to be struck before using any necessary force to defend himself, herself or another. This is referred to as a pre-emptive strike.
PNLD R V Beckford 1988
Defence of property Common Law allows for the eventuality of property being damaged and not the person. In such a case a person may defend their property from damage. Again the degree of force being used must be in proportion to the threat being offered.
Section 3 Criminal Law Act 1967.
A person may use such force as is reasonable in the circumstances in the prevention of crime, effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large. Section 3 Criminal Law Act 1967.
Section 117 PACE 1984
A police officer may use reasonable force, if necessary, in the exercise of any PACE power. This power can also be conferred on certain individuals by the Chief Constable (Dedicated Detention Officers and Police Community Support Officers. Section 117 of the Police and Criminal Evidence Act 1984 (PACE)
Article 2 ECHR – Right to Life.
1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:
a. in defence of any person from unlawful violence
b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained.
c. in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 3 ECHR – Prohibition of Torture.
May be relevant, for example, in relation to officers using pressure point control once the subject has complied, or failing to check the tightness of handcuffs if the subject complains they’re too tight.
Human Rights Act 1998 (legislation.gov.uk)
S76 CJ & IA 2008
This not a power but explains in more detail common law but cannot be used at a civil hearing.
S76 CJ&I 2008
Links to legislation/impact factors/aide memoire can be found in the PPST information guide.
PPST information guide.
None identified.
Failure to comply with this policy and the relevant legislation will impact upon public trust and confidence in Essex Police (as well as wider policing), fail to provide transparency and accountability and / or identify poor performance, potential misconduct and / or the sharing of learning and / or best practice. Use of force will also be subject to external scrutiny from bodies such as His Majesty’s Inspectorate of Constabulary and Fire Rescue Services (HMICFRS) through bespoke custody inspection and also as part of the Police Efficiency, Effectiveness and Legitimacy (PEEL) Inspection and failures to comply could lead to causes for concern and / or areas for improvement for the Force, which can again impact upon public trust and confidence in Essex (and wider) policing.
The following have been consulted during the formulation of this document:
This will be reviewed on an ongoing basis by a Use of Force Working group, with ACC Board level oversight, to ensure compliance with national requirements.
Essex Police have measures in place to protect the security of your data in accordance with our Information Management Policy - W 1000 Policy – Information Management.
Essex Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.
We will only hold data for as long as necessary for the purposes for which we collected. Victims/public should be reminded that Essex Police take the protection of personal data seriously as described in the privacy notice.
Cancellations: No previous documents to be cancelled due to this policy