The use of force by the police

Abstract

The police in their role of law enforcement, in order to prevent or to deter a person from breaking the law, often need to resort to the force which the Law bestows upon them. It may be an unarmed force, but also an armed force. In fact in Malta, part of the issue of police officers, is a truncheon, which is considered as part of the uniform that they must wear. However even though the police in specified instances can use force, they must do so within the limits wherein it will be necessary. Hence, the police must only use that amount of necessary force which enables them to carry out their duties. To guide the police in this type of issue many guidelines and conventions have been enacted, designed to distinguish between necessary (and hence legal) force, and torture or cruel, inhuman and degrading treatment, especially in border line cases for example when the police rough-handle a person. Lately in Malta certain guidelines have been published so as to assist the police when they can use force, especially when it comes to dealing with firearms. The use of firearms is perhaps the most delicate issue in the use of force. In the United States of America, it is now also referred to as 'deadly force'. One of the main topics in the use of firearms is undoubtedly the matter whether the State ought to allow all police officers to carry firearms. Many countries adopt their own theories about this matter. Malta is no exception and the current trend of thought is that if one were to allow all police officers to carry firearms while on duty, the incidences of cases marked by the use of excessive force would rise. Surely the issue regarding the use of force is a topic which every police officer ought to be well-versed in. This will surely prove of assistance in the legally and proper carrying out of his duties, knowing only too well when and up to what extent the use of force should be resorted to.