Self defence - use of force

Pathfinder code of conduct

Pathfinder Investigations will seek to minimise the risk of confrontation. In the event of force being required to bring a situation under control Pathfinder Investigations works within Section 3 of the Criminal Law Act 1967.

Confrontational work

The work of a Bailiff and the work of a Private Investigator can at times be confrontational.

• Seizure of assets for auction to pay off debts.
• Service of legal papers which bring 'bad news'.

At all times Bailiffs and Private Investigators will seek to go about the work in such a way as to cause the minimum distress to the other party. However, sometimes the other party is so distressed that the situation descends into confrontation, and in exceptional circumstances physical threats and violence. In these circumstances the Bailiff and Private Investigator may have to use force to bring the situation under control.

The Law and Reasonable Force

Section 3 of the Criminal Law Act 1967 replaces the common law rules on self-defence, such as the duty to retreat. It simply requires that any force used must be "reasonable in the circumstances." It is still in force today and states:

• (1) A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.
• (2) Subsection (1) above shall replace the rules of the common law on the question when force used for a purpose mentioned in the subsection is justified by that purpose.

A simple analogy of the Law is that whatever level of force / violence the other party "ups" the going rate to, you are legally permitted to "up" it to the next level to overcome them.

Bailiffs and Private Investigators are rarely obliged to use considerable force. When they do they have to be able to justify and defend the action they take. It is not unusual for them to end up as the Defendant in a Criminal Prosecution.

Use of Force Report

Following an incident an internal report on the use of force will be prepared. From the guidance notes:

• The Incident Report is your account of what happened in a confrontation.
• Many individuals including a jury may read this report.
• Be certain to indicate the causes for your action including all reasonable suspicion and probable cause.
• Quote the subject directly if possible.
• Quote your statements as accurately as possible.
• Be chronological.
• Show the totality of the circumstances.
• List all factors that contributed to the incident.
• Detail the debriefing tat occurred.
• Specify the care rendered to the subject after control was effected.
• State your perception at the time of the incident based upon your training and experience.
• Be specific with regard to the force you employed, areas to which it was directed and why it was employed in place of other force options.