Key Cases on Police Use of Force

The legality of police use of force is assessed against section 3 of the Criminal Law Act 1967 (force used in the prevention of crime or in effecting a lawful arrest must be reasonable in the circumstances) and the common law of self-defence. Article 2 of the European Convention on Human Rights (right to life) also imposes obligations on the state where lethal force is used.

R (Duggan) v HM Assistant Deputy Coroner for the Northern District of Greater London [2017] EWCA Civ 142 arose from the fatal police shooting of Mark Duggan in 2011. The inquest jury returned a lawful killing verdict. The Court of Appeal upheld the inquest process, confirming that the test for a lawful killing by police is whether the officer honestly believed force was necessary and whether the degree of force used was reasonable in the circumstances as the officer believed them to be.

McCann v United Kingdom [1995] 21 EHRR 97 (ECtHR Grand Chamber) concerned the SAS killing of three IRA members in Gibraltar. The court found a violation of Article 2, holding that the planning and control of the operation had not been conducted so as to minimise the need for lethal force. The case established that Article 2 requires not only that force used was "absolutely necessary" but also that the operation was planned and controlled in a way that minimised the risk to life.

R v Commissioner of Police of the Metropolis, ex parte Rottman [2002] 2 AC 692 addressed the use of force during an arrest. The House of Lords held that an officer is entitled to use reasonable force to effect an arrest, but the force must be proportionate to the threat posed. The officer's belief that force was necessary must be honestly held, but the court will assess whether the degree of force was objectively reasonable.

The IOPC investigates all deaths and serious injuries following police contact, including those involving the use of force, restraint, and vehicle pursuits. Where a person dies during or following police contact, an Article 2 inquest must be held, which considers not only the immediate cause of death but also the adequacy of the planning, training, and policies that governed the officers' actions.