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P1- Identify legislation in relation to restrictive measures in health, social care or early years
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P1- Identify legislation in relation to restrictive measures in health, social care or early years
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Unit 29P1- Identify legislation in relation to restrictive measures in health, social care or early years
In regards to restrictive measures in health, social care or early years’ settings, there are many
legislations that govern and label the use of restrictive measures. These legislations vary however,
there are many out there. Below, I will identify a few legislations in relation to restrictive measures
in health, social care or early years, starting with the Criminal Law Act 1967.
Criminal Law Act 1967 (Use of reasonable force)
The Criminal Law Act 1967, is a major piece of legislation that has vastly changed the justice and
criminal system across the UK. The act consists of three parts, part one, felony and misdemeanour,
part two obsolete crimes and part three, supplementary provisions. However, in regards to
restrictive measures, I will only be looking at section 3 in part one.
Section 3 is an important part of the act and it replaces the rules on self-defence in England. The
section other wisely requires that any force used must be “reasonable in the circumstances”. Under
the government legislation, section 3, 1 laid down by the government state “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.” What this
means is that force is reasonable if crime can be prevented by carrying out force. However, there is
no definition for such force. If a patient in a hospital was to somehow gain access to a knife and
attempt to jab it at another patient, then under section 3 of the act, is a person allowed to use force
in the prevention of crime. However, if a patient was to imply no harm or possible criminality and
force was used against the patient, the use of force wouldn’t be considered reasonable, due to no
apparent crime.
Common law (Right to defend oneself and property)
Right to defend oneself and properly, or self-defence is a counteractive measure which involves
defending the well-being and health of oneself from harm. In the UK, under common law, we have
the right to self-defence where we are being attacked. The common law of self-defence is applicable
where the defendant utilises reasonable, necessary and proportionate force in the action to defend
themselves, their property or other from an attack. So, in relation to restrictive measures in health,
social care or early years, there is right to defend oneself if the defence is reasonable and necessary.
Police and Criminal Evidence Act 1984 (Power to premises to save a life or a limb)
The Police and Criminal Evidence Act 1984, is legalisation in the UK that embeds and states the
legislative power of police officers in England and Wales to tackle crime. In regards to tackling crime,
the act provides codes of practice for the utilization of those powers. In order words, the Police and
Criminal Evidence Act 1984, states and stipulates the power of police officers regarding crime and
the utilization of those powers.
Section 17 of the act contains information regarding entry for purpose of arrest. The act on section
17 provides reasons why a constable may enter and search a premises. Under section 17 (e), the act
states a constable has power to premises for a purpose “of saving life or limb or preventing serious
damage to property”. So what this means is that a constable has the power to premises to save a life
or limb or prevent serious damage to property.
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