Flashcards on Firearm Handling and Use of Force
Firearm Handling and Use of Force: Student Guide & Laws
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Use of Force
10 cards
Card 1
Question: When may an arrestor use force under section 49 of the Criminal Procedure Act 51/1977 when attempting to arrest a suspect who resists or flees?
Answer: The arrestor may use reasonably necessary and proportionate force to overcome resistance or to stop a fleeing suspect if the suspect cannot be arreste
Card 2
Question: Under section 49, when is the use of deadly force/GBH permitted during an arrest?
Answer: Deadly force/GBH may be used only if the arrestor reasonably believes it is immediately necessary to protect the arrestor or anyone assisting, that th
Card 3
Question: What is the primary purpose of an arrest according to the guidelines from S v Walters?
Answer: The purpose of the arrest is to bring the perpetrator to court.
Card 4
Question: Can arrest be used as a form of punishment?
Answer: No. Arrest may never be used to punish the suspect.
Card 5
Question: When is force allowed when effecting an arrest, based on S v Walters guidelines?
Answer: Force is allowed only where it is necessary to carry out the arrest, and only the least degree of force reasonably necessary may be used.
Card 6
Question: What factors must be considered when deciding what degree of force is reasonable and necessary?
Answer: Consider the threat of violence the suspect poses to the arrestor/others, and the nature and circumstances of the offence; force must be proportional
Card 7
Question: Is shooting a suspect solely to carry out an arrest generally permitted?
Answer: No. Shooting a suspect solely to carry out an arrest is permitted only in very limited circumstances.
Card 8
Question: Under what conditions is shooting a suspect to effect an arrest ordinarily permitted?
Answer: Ordinarily only if the suspect poses a threat of violence to the arrestor or others, or is reasonably suspected of committing a crime involving inflic
Card 9
Question: Do the limitations on use of force for arrest affect an arrestor's right to kill in self‑defense?
Answer: No. These limitations do not detract from the arrestor's rights to kill a suspect in self‑defense or in defense of any other person.
Card 10
Question: List the circumstances described that justify using force to arrest a suspect who resists or flees.
Answer: If an arrestor attempts to arrest and the suspect resists, flees, or both, and the suspect cannot be arrested without force, the arrestor may use reas