Wednesday, November 28, 2007

How much force can be used to arrest me?

No more than ‘reasonable’ force can be used to arrest you. The type and degree of force that is ‘reasonable’ will depend on the circumstances. For example, if you are suspected of a minor, non-violent offence (such as shoplifting) and are not resisting arrest, only minimal force can be used eg holding your arm or placing a hand on your shoulder. Any greater force could be considered an assault, and you can lodge a formal complaint (against the police) or press for charges to be laid. On the other hand, if you are committing a serious and/or violent offence (such as a serious assault) and/or are violently resisting arrest, a substantial amount of force might be considered ‘reasonable’; possibly including throwing you to the ground, or causing pain by twisting your arm and/or striking. However, the force must not go beyond that required to subdue you. The police cannot, for example, punch or kick you after you stop resisting them.

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