Essay
Unit 12- Task 1
- Institution
- OCR
In this assignment I achieved the criteria P5- Describe legislation related to promoting positive behaviour.
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Unit 12, Task 1 Resub- Promoting positive behaviourLaura Palmer
Stacey Tanner
P5- Describe legislation related to promoting positive
behaviour
In this assignment I will be describing legislation that is used
when practitioners are aiming to promote positive behaviour
in individuals. I will also describe the guidance that
practitioners use when trying to promote positive behaviour
in individuals
,Section 3 Criminal Law Act 1967, Common Law
Under Section 3 of the Criminal Law Act 1967, Common Law, a person may use
such force as is reasonable in the circumstances in the prevention of crime. An
example of a time when reasonable force has been used was during the London
Bridge Terror Attack, when witnesses of the attacks decided to hold down the
attacker, and take the knife off of him, so that he could not further kill or harm
anyone else, until police arrived to arrest the individual. However, if force is
proven not to be reasonable, for example, the murder of George Floyd, then an
individual who used the unreasonable force can be prosecuted.
“It promotes positive behaviour by-
Ensuring that professionals that are required to use any kind of force only use
force that is reasonable and necessary. This means that if the force is excessive
then the law will not protect us.
Requires professionals to only use physical force to remove the immediate
threat. This means that professional only use the force whilst the threat is
present, once the threat has gone they must stop using force. For example, if an
individual has an object and is threatening to harm someone with the object,
professionals must remove the object from the individual using force and then
must stop using force once they have removed the object from them.
A person may use such force as is reasonable in the circumstances in the
prevention of crime. For example, if someone was walking around with a knife
in their hand A person may assist in the lawful arrest of offenders or suspected
offenders. Individuals can carry out a citizens arrest or detain. For example,
during the London Bridge terror attack in 2019, passers-by had to carry out a
citizens arrest of the individual who was stabbing people to protect others in the
society.
All of the 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.
,Section 3 Criminal Law Act 1967, Common Law- continued
This legislation promotes positive behaviour by making sure that
professionals, such as health and social care workers, or childcare staff, that
are required to use any kind of force, only apply force that is reasonable
and necessary. The legislation will only protect individuals whose force was
used reasonably, if the force that was used was seen as unreasonable and
unnecessary, the law will not protect them, and they could face
prosecution. This safeguard’s both professionals and service users, as
professionals are more able to prove that the restraint, they used to be
reasonable and necessary, making them more likely to use restrictive
practices if need be. It also ensures the safety of individuals as reasonable
force and restraint can only be used as a last resort, in order to protect the
individual themselves or others around them. It requires staff to only use
physical force only in order to remove the immediate threat of harm or
danger away from themselves or others. It requires staff to stop using
physical force when the immediate threat of harm or danger to themselves
or others has been removed. For example, if an individual is walking around
with a knife in their hand, staff can physically restrain the individual in
order to take the knife off of them. Restraint would have to then be either
stopped or reduced, depending on if the individual is still being volatile. It
promotes positive behaviour as it states that only force that is reasonable
to be applied is done so. Therefore, it makes people less likely to resist, as
the practitioner should not be hurting the individual, which would make
them resist. Section 3 Criminal Law Act helps to promote positive behaviour
as it ensures that professionals only use reasonable and necessary force.
Using reasonable force can help to prevent unwanted behaviour as it can
restrict individuals from what they are doing. For example, reasonable
force may be used to prevent individuals from causing harm to other
people. Furthermore, this act can promote positive behaviour as it
‘requires professionals to only use physical force to remove the immediate
threat or harm or danger away from themselves or others.’ (Ferreiro
Peteiro et al., 2016) This can prevent unwanted behaviour as it can make
individuals think twice about being violent.
, Police and Criminal
Evidence Act 1984
“This Act governs the major part of
police powers of investigation
including, arrest, detention,
interrogation, entry and search of
premises, personal search and the
taking of samples.” (Trevelyan, n.d.)
This act has several codes. The first
code is to deal with the exercise by
police officers of statutory powers to
search a person or vehicle without
making an arrest first. The second
code is to do with police powers to
search premises and to seize property
found on premises and persons. This
piece of legislation promotes positive
behaviour as it may deter individuals
from taking part in criminal activity if
they know that there may be
implications of their actions. The act
promotes positive behaviour by having
a balance between the exercise of
power of those in authority, and also
the rights of members of the public. It
allows the police to detain individuals,
which may put people off from
committing crime and will therefore
promote positive behaviours in the
individuals. This act also deters
individuals from carrying items on
them that they know they shouldn’t
have, such as drugs or weapons. This
promotes positive behaviour because
if individuals know that there is a
chance that they could be stopped and
searched, and that the stop and search
could be random, individuals may be
less likely to have items on them that
could lead to them getting a
conviction.
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