This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Understand when and how police can use force during an arrest in England and Wales, including the legal basis for reasonable force, what makes force lawful, limits set by human rights and proportionality, and what safeguards and rights apply if force is used. Clear, authoritative guidance for the public, students and solicitors.
When the police arrest someone in England and Wales, it is sometimes necessary for them to use physical force. However, the law strictly limits when and how force can be used. Police officers are not free to use any level of force they choose; they must act within clearly defined legal frameworks that balance enforcement with respect for human rights, safety, and proportionality. This article explains the legal basis for the use of force during an arrest, how it is regulated, what “reasonable force” means, and what protections exist if force is used unlawfully.
Legal Basis for Use of Force in Arrests
Statutory Authority
Police officers are empowered to use force when carrying out their duties, including during an arrest, where a statutory power authorises the action.
- Section 3 of the Criminal Law Act 1967 enables a person - including a police officer - to use reasonable force to prevent crime or effect or assist in a lawful arrest.
- Section 117 of the Police and Criminal Evidence Act 1984 (PACE) specifies that when a statutory power (such as the power to arrest under PACE) does not require another's consent, an officer may use reasonable force, if necessary, to exercise that power.
Together, these provisions authorise force during arrest so long as the action is justified by law and necessary in the circumstances.
Common Law and Human Rights Act
Beyond statutory powers, common law also allows force where necessary for self‑defence or to protect others. At the same time, the Human Rights Act 1998 incorporates Article 2 of the European Convention on Human Rights, which means force must respect the right to life and be strictly necessary.
What Does “Reasonable Force” Mean?
“Reasonable force” is the legal standard the police must meet. For a use of force to be lawful, it must be:
- Lawful in purpose - it must be used only to achieve a legitimate objective, such as making a lawful arrest.
- Necessary - force must only be applied if there is no other safe way to achieve the goal.
- Proportionate - the amount of force must be no more than is proportionate to the threat or resistance faced.
These principles are applied by reference to what the arresting officer honestly and reasonably believed at the time. Officers are trained to assess situations quickly, but the courts can later review whether the force used met the legal tests.
In practice, this means an officer cannot escalate to high levels of force when simple control techniques would suffice, and must modify their response if the situation changes.
How Force May Be Used in Arrest Situations
Physical Restraint and Control Holds
Officers may use physical restraint to:
- prevent a suspect from fleeing;
- stop aggression towards the officer or others;
- control someone who is resisting.
This can include holds to control limbs, guiding someone into handcuffs, or gentle restraint to prevent injury.
Handcuffing and Restraints
Handcuffs and similar restraints are forms of force. They should be used only when reasonably necessary, for example to prevent escape, prevent self‑harm, or protect officers and others.
Tools and Equipment
Depending on circumstances, officers may use tools such as batons, incapacitant sprays (like CS spray), or conducted energy devices (e.g. tasers) where necessary and proportionate to the threat. Such measures are also subject to legal and operational guidance.
Self‑Defence and Defence of Others
Police can also use force in self‑defence or defence of others if faced with imminent danger. This is recognised both under common law and in statutory guidance and must still meet the reasonable force standard.
Limits and Safeguards on Use of Force
Necessity and Proportionality Are Key
Every use of force must be justified by necessity and proportionality. Force that exceeds what is necessary in the circumstances may be unlawful, regardless of the officer's subjective belief.
Review and Accountability
Police conduct involving force is subject to:
- internal review and recording (including body‑worn video and use‑of‑force reporting systems);
- independent oversight by bodies such as the Independent Office for Police Conduct (IOPC);
- possible criminal, civil or disciplinary action if force is excessive.
Human Rights Considerations
Under the Human Rights Act, police must act in ways compatible with human rights obligations. Excessive force may violate Article 2 (right to life) or Article 3 (prohibition of inhuman or degrading treatment).
Examples of Force in Arrest Contexts
- Resisting Arrest: If a suspect resists and tries to flee, officers can apply restraint techniques and may use handcuffs to secure them.
- Threatening Behaviour: Where a suspect threatens violence, proportionate force may be used to prevent harm.
- Non‑Compliance: Officers must not apply force simply to compel compliance with questioning or demands; there must be a lawful basis and necessity.
In every case, the precise circumstances - including the seriousness of the alleged offence and the behaviour of the suspect - help determine whether force was reasonable.
Consequences of Unlawful Force
If the police use force that is not reasonable or necessary:
- the force may be deemed unlawful assault or misconduct;
- the person affected may pursue a civil claim for compensation, for example for assault or violation of human rights;
- evidence obtained through excessive force may be challenged in court.
Summary
In England and Wales, the police can use force during an arrest, but only within tightly defined legal limits. Lawful use of force must be:
- authorised by statute or common law;
- necessary to achieve a lawful objective like arrest or prevention of crime;
- proportionate to the situation.
Officers are accountable for their actions, and excessive or unjustified force can lead to legal and disciplinary consequences. If you believe force used during an arrest was unlawful, you may consider seeking legal advice about complaints or potential compensation claims.
