Human Rights, Use of Force and Handling Vulnerable Persons
This domain tests the constitutional limits on your authority and how you treat people who cannot protect themselves.
Rights
Chapter Four of the Constitution protects dignity (Article 28), freedom and security of the person (Article 29), privacy (Article 31) and the rights of arrested persons (Article 49). Article 25 makes freedom from torture and slavery non-derogable, so it can never be suspended. Article 24 allows limits on rights only by law and only where reasonable and justifiable.
Use of force
- Force must be lawful, necessary and proportionate, meaning the minimum needed for a lawful purpose.
- Permitted only in self-defence or defence of others, to prevent a crime, or to effect a lawful citizen's arrest.
- Never to punish, retaliate, humiliate or extract a confession, and never after the threat has stopped.
- Firearms only where the Firearms Act licence and employer policy allow, with the same necessity test and a warning where feasible.
- Report every use of force in writing immediately and expect to give a statement.
Vulnerable persons
Children (Children Act, 2022: best interests, no corporal punishment), persons with disabilities (Persons with Disabilities Act, 2003: reasonable accommodation), the elderly, pregnant women, people with mental illness, survivors of gender-based violence, and refugees. Searches must respect dignity, be done by a person of the same sex where a body search is needed, and be witnessed.
Worked example
An intoxicated man pushes past the gate. Guide him back with open hands and clear verbal direction, not a strike. If he turns violent, use the minimum restraint needed and call police. Once he is restrained, force stops. Then write the report and give a statement.
Traps
'He resisted, so I hit him'; using force to teach respect or punish a thief; failing to report a use of force; searching a woman without a female officer or witness.