Powers to Restrain Clause Samples

Powers to Restrain. The Human Rights Act 1998 {Article 2:1} indicates a positive obligation to preserve life. Article 2:2 of the same Act allows the use of no more force than is absolutely necessary. Section 3 of the Criminal Law Act 1967 and common law allows all citizens the right to use reasonable force in order to defend themselves or others or to prevent the recurrence of a crime. In all cases, any physical or forcible intervention by any citizen must only be enacted when considered absolutely necessary to prevent serious loss or harm to persons or property. Even in these circumstances, such interventions must reflect a dynamic risk assessment and must be proportionate to the perceived or actual harm likely to result if no such intervention is made. Joint working protocols will be further developed to ensure a prompt police response when required.