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USE OF FORCE BY POLICE DURING ARRESTS, WRITTEN BY LAWYERS FRATERNITY OF UGANDA. Many times it is stated that Police should not use force when exercising arrest. But did you know that that is not completely correct? A police officer may use “reasonable measure of force” (which is not specified within the Police Act but established by case law) under the following circumstances where: 1.a person charged with or convicted of a felony escapes from lawful custody; if you try “Prison Break” things, the police will have reason to use force to arrest you, 2.a person who through force rescues another from lawful custody; so trying to stand up for or rescue your friend who is being arrested or has already been taken into custody may cause you to also be arrested with force, 3.a person who through force, prevents the lawful arrest of himself or herself or any other person; if the person being arrested becomes violent and goes ahead to punch, slap, kick, bite the arresting officer, then the officer can use force to restrain them and then effect the arrest, In the event that force is used in order to arrest a person, the arresting police officer must ensure that the rights and dignity of the one being arrested are respected. If the person who is being arrested voluntarily avails himself or herself and does not resist arrest and perhaps asks not be put in cuffs, then this person’s wishes should be respected depending on the level of risk that the arrested person poses.

USE OF FORCE BY POLICE DURING ARRESTS, WRITTEN BY LAWYERS FRATERNITY OF UGANDA.


Many times it is stated that Police should not use force when exercising arrest. But did you know that that is not completely correct?


A police officer may use “reasonable measure of force” (which is not specified within the Police Act but established by case law) under the following circumstances where:


1.a person charged with or convicted of a felony escapes from lawful custody; if you try “Prison Break” things, the police will have reason to use force to arrest you,


2.a person who through force rescues another from lawful custody; so trying to stand up for or rescue your friend who is being arrested or has already been taken into custody may cause you to also be arrested with force,


3.a person who through force, prevents the lawful arrest of himself or herself or any other person; if the person being arrested becomes violent and goes ahead to punch, slap, kick, bite the arresting officer, then the officer can use force to restrain them and then effect the arrest,


In the event that force is used in order to arrest a person, the arresting police officer must ensure that the rights and dignity of the one being arrested are respected.


If the person who is being arrested voluntarily avails himself or herself and does not resist arrest and perhaps asks not be put in cuffs, then this person’s wishes should be respected depending on the level of risk that the arrested person poses.


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