Following Article 2 of the European Convention on Human Rights, everyone has the right to life. This article has been incorporated into UK law by the Human Rights Act 1998 (HRA). However, whilst preventing the intentional taking of life, it also provides the authority to safeguard it.
Therefore, when handling persons in custody, public authorities are under the obligations set by the HRA. This means that there is a limitation on the level of force that these authorities such as the police can use against any persons; should force be required, this should not exceed the level ‘necessary’ to enforce the law, for example, to prevent an unlawful situation, defend the public and protect life, or make an arrest, etc. In the event of an agent of public authority making an offence, the victim must report the incident.
This is following Section 65 of the Police Act 1996. With the police complaints process and Section 65 also ensuring that should an investigation arise from the report, it will be handled separately from that of a criminal investigation.
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