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4. Police power
and rights
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Article 23-Rights of
arms and force
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| 23.1 |
Rights of arms and force |
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One of the most controversial, yet one of the most important rights and powers of the police is the right of arms and the use of force where deemed necessary. |
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The right of arms is a right for the protection and safety of society against dangerous offences and in the protection and personal safety of law enforcement officials in the conduct of their profession. |
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The lawful use of force is also an important power, for without such authorisation, police officers themselves could be charged with regular criminal offences of injury. |
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| 23.2 |
The good judgment of applying force |
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It is a professional duty of all police officers to apply good judgment in the use of force, only when necessary and to refrain from the unjustified or reckless application of force against a person for no valid reason. |
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While the circumstances leading to an unwarranted use of force may provide some justifiable reason for the anger of a police officer towards a suspect, a police officer is not allowed to apply force unless it is in the execution of a duty and is justified at that moment. |
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Unjustified force upon a person causing injury can bring a police officer into being liable for a criminal offence and therefore potentially suspension and dishonourable discharge from the police force. |
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