What Are the Rules for Police Using Force in Public?

Police officers in England and Wales are legally permitted to use force in public in certain circumstances. However, that authority is strictly controlled by law and by professional standards. This article explains, clearly and in accessible language, when force may be used, what legal tests apply, the rights individuals have, and what legal issues can arise if force is unlawful. This guide is intended to help members of the public, students and solicitors understand the legal framework and practical context behind police use of force.

Understanding Police Use of Force

The law recognises that police officers sometimes have to use force in public to protect the public, to stop crime, or to make lawful arrests. But that power is not unlimited:

• Officers must act within the authority granted by statute or common law;
• Force must be necessary and reasonable in the circumstances; and
• Human rights protections apply, including the right to life and freedom from inhuman or degrading treatment under the Human Rights Act 1998.

This framework ensures that the use of force in public is lawful and accountable.

The Legal Framework: Statutes and Common Law

Key Statutory Powers

Police can use force under several legal provisions:

• Section 3 of the Criminal Law Act 1967 – permits reasonable force to prevent crime or effect or assist in a lawful arrest.
• Section 117 of the Police and Criminal Evidence Act 1984 (PACE) – specifically allows the use of reasonable force when exercising powers under PACE, such as arrest, search and detention.

These statutory powers are central: they both authorise force when it is reasonable in context.

Common Law and Self-Defence

Under common law, officers, like any other person, may use reasonable force to defend themselves or others from harm. This includes when they believe there is an imminent threat of serious injury or death.

Human Rights Act and Police Actions

The Human Rights Act 1998, which incorporates the European Convention on Human Rights (ECHR) into UK law, also affects use of force. Key rights include:

• Article 2 – right to life. Force that may take life must be absolutely necessary (for example self-defence).
• Article 3 – prohibition of torture and inhuman or degrading treatment.
• Article 5 – right to liberty and security (important where force is used in detention or restraint).

The Legal Test: Necessary, Proportionate and Reasonable

For any use of force to be lawful, it must satisfy a legal test comprising three core elements:

1. Necessity

Force must be used only when there is no reasonable alternative. Officers are trained to try to resolve situations with the least intrusive option first. Applying force without necessity is unlawful.

Example: If a suspect can be controlled by verbal communication, using a baton would not be necessary.

2. Proportionality

The level of force must be proportionate to the threat. More force is justified when facing a greater risk of harm.

Example: It would be disproportionate to use a Taser on a compliant individual posing no threat.

3. Reasonableness in the Circumstances

The officer must honestly believe the force is required, and that belief must be objectively reasonable given the situation. This reflects the long‑standing test in case law and professional guidance.

When Police May Use Force in Public

Here are the primary scenarios where officers may legally use force:

Preventing Crime

Force can be used to stop a criminal act that is happening or imminent. Common examples include breaking up violent activity or preventing serious public disorder.

Lawful Arrest

If someone resists a lawful arrest, officers can use reasonable force to detain them. This power flows from Section 117 PACE and Section 3 of the Criminal Law Act.

Self‑Defence and Defence of Others

Officers may use force to protect themselves or other people from immediate harm. The force must be limited to what is necessary in response to the threat.

Other Statutory Powers

Force may be justified when exercising other statutory powers, such as stopping a vehicle, managing a public safety situation, or in certain mental health detentions. The specific statute and context determine the exact legal basis.

Limits on Police Use of Force

Even where force is authorised:

• It must be the minimum needed to achieve the lawful objective.
• The moment the objective is achieved, use of force should stop.
• Officers must be prepared to justify their decisions in disciplinary, civil, or criminal proceedings.

Officers are required to record all significant uses of force, including the reasons and level of force used.

Firearms and Lethal Force

Firearms are regarded as the highest level of force. They can only be used when absolutely necessary to protect life or prevent serious injury, given the risk to life from lethal force. This emphasises strict legal and ethical standards for armed officers.

Accountability and Legal Oversight

Independent Investigations

The Independent Office for Police Conduct (IOPC) investigates incidents involving serious injury, death, or potentially unlawful use of force. If evidence of criminal conduct exists, cases may be referred to the Crown Prosecution Service (CPS).

Inquests and Civil Claims

Where death occurs after police action, a coroner's inquest investigates the circumstances. Individuals harmed by excessive force may pursue civil claims for compensation (for example, assault or false imprisonment claims).

Misconduct Proceedings

Police officers may also face professional misconduct proceedings. Recent reforms are changing the legal test used in misconduct cases to align more closely with criminal law standards, particularly in high‑risk scenarios.

Practical Considerations: What Should the Public Know?

If Force Is Used Against You

• Ask for the officer's details and reason for their actions.
• Ask for a copy of any Use of Force report.
• If you believe force was excessive, you can lodge a complaint with the relevant police force or directly with the IOPC.

Time Limits for Complaints and Claims

There are time limits for bringing civil claims or applications to tribunals. For civil claims for wrongful acts by the police, you generally must act promptly and seek legal advice early.

Safety and Cooperation

Cooperation with lawful police instructions usually reduces the likelihood of force being used. Non‑violent compliance enables safer outcomes for everyone.

Key Takeaways

Police may use force in public only when authorised by law, and when it is necessary, reasonable and proportionate to a legitimate objective such as preventing crime, making a lawful arrest, or protecting life. The legal framework includes statutory powers, common law, human rights protections, and professional standards. Accountability mechanisms ensure that excessive or unlawful force can be scrutinised through misconduct proceedings, criminal prosecution, inquests, or civil claims.