Under the Police and Criminal Evidence Act 1984, when may a constable use reasonable force in exercising a power?

• A. Only with the consent of a person other than a police officer
• B. If the power is conferred and does not provide that the power may only be exercised with the consent of some person, other than a police officer
• C. Whenever the officer believes it is necessary
• D. Only in the presence of a magistrate

Answer: (B)

The key point is that police powers given by statute can be exercised with reasonable force as long as the statute does not require the consent of a non‑police person. When a power is conferred and there’s no explicit provision that it may only be exercised with someone else’s consent, a constable may use reasonable force if it’s needed to carry out that power. This reflects the balance between effective policing and safeguarding rights: force must be proportionate and the minimum necessary to achieve the legitimate objective.

If a statute does require someone else’s consent (for example, the occupant’s or another party’s consent) or imposes another condition like a warrant or magistrate involvement, then the power cannot be exercised by force alone in those circumstances. The idea of force being permissible merely because the officer believes it’s necessary is too broad; the force must be grounded in the particular statutory power and its conditions, not on a subjective sense of necessity.

So, the correct understanding is that reasonable force is allowed to exercise a power when the power is conferred and does not specify that consent of a non-police person is required.