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Use of forcible means



When on duty, the police have the right in certain situations to use forcible means that can be considered justifiable. In determining this justifiability, the factors considered include the importance and urgency of the duty, the dangerousness of the resistance being shown and the available resources.

The police are entitled to use forcible means in order to

  • overcome resistance
  • remove a person from a scene
  • apprehend a person
  • prevent a person who has lost his/her liberty from escaping
  • remove an obstacle
  • prevent an imminent crime
  • prevent some other dangerous act or event.
In cases like this, the police have the right to use either physical force or accessories, such as batons, gas sprays or, in the most serious cases, firearms. However, the police will always try to go about their duties by issuing advice, requests and orders rather than using force. Force is used only when talking no longer helps and the task has to be completed. When deciding on whether to resort to force, consideration must be given to the importance and urgency of the task, the danger represented by the resistance shown and the danger to outsiders.

Only the minimum necessary force is used. The lock to an apartment, for example, will not be broken unless this is urgently required. Instead, the police will acquire a key with which entry can be made without causing any damage.

Use of force is permitted in all types of police duties. While it is most commonly used in uniformed police duties, force may also be used by other police officers when, for example, apprehending offenders. Police officers, as indeed anyone else, also have the right of self-defence.



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