Use of force to prevent crime or make an arrest

s.3Criminal Law Act 1967

Lets anyone, officer or member of the public, use force that is reasonable in the circumstances to prevent crime or to make or help with a lawful arrest.

Use of force to prevent crime or make an arrest · Criminal Law Act 1967, s.3Card 58 / 59

When you can use it

s.3(1)The force is used to prevent crime, or to effect or assist in the lawful arrest of offenders, suspected offenders or persons unlawfully at large
The person honestly believes force is necessary in the circumstances as they believe them to be
The force is reasonable in those circumstances, judged on the facts as the person honestly believed them to be (CJIA 2008, s.76(3))
The force is not disproportionate to the threat as the person believed it to be (s.76(6))

What it allows

Use of reasonable force to stop a crime happening or continuing.
Use of reasonable force to arrest, or help arrest, an offender, a suspect or someone unlawfully at large (such as an escaped prisoner).
It justifies force that would otherwise be an assault. It replaces the old common law rules on force for these purposes (s.3(2)).

Key definitions

Reasonable in the circumstances – CJIA 2008, s.76: judged on the circumstances as the person believed them to be. An honest but mistaken belief counts, even an unreasonable one, unless it came from voluntary intoxication (s.76(4)–(5); R v Gladstone Williams 1984).
Disproportionate – s.76(6): disproportionate force is never reasonable. The “grossly disproportionate” test in s.76(5A) applies only to householders using common law self-defence, not to s.3.
Instinctive judgement – s.76(7): someone acting in the moment cannot weigh the exact force needed. Doing what they honestly and instinctively thought necessary is strong evidence the force was reasonable.
Crime – means a crime under the law of England and Wales (R v Jones 2006, House of Lords).

Safeguards

Officers must account for every use of force. Record it in your notes and on the force use of force form, explaining why it was necessary and proportionate.
Standards of Professional Behaviour (Police (Conduct) Regulations 2020, Sch.2): use force only when you honestly believe it necessary, and the force should be necessary, proportionate and reasonable.
Lethal or potentially lethal force must be no more than absolutely necessary (ECHR Article 2).

Good to know

PACE s.117 separately lets a constable use reasonable force, if necessary, to exercise any PACE power that does not need consent.
Self-defence and defence of another are common law defences, but s.76 applies to them too.
There is no duty to retreat. The chance to retreat is just one factor (s.76(6A)).
The conduct standard on use of force was reworded from 30 June 2026 (S.I. 2026/597).

Legislation: Criminal Law Act 1967, s.3 (opens legislation.gov.uk in a new tab)
Who can use it: Any person
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Use of force to prevent crime or make an arrest: questions people ask

When can the police use use of force to prevent crime or make an arrest?

1. The force is used to prevent crime, or to effect or assist in the lawful arrest of offenders, suspected offenders or persons unlawfully at large 2. The person honestly believes force is necessary in the circumstances as they believe them to be 3. The force is reasonable in those circumstances, judged on the facts as the person honestly believed them to be (CJIA 2008, s.76(3)) 4. The force is not disproportionate to the threat as the person believed it to be (s.76(6))

Who can use use of force to prevent crime or make an arrest?

Any person.

What law gives the power for use of force to prevent crime or make an arrest?

Criminal Law Act 1967, s.3.

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