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Sri Lanka: One Island Two Nations
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Thursday, May 29, 2014
Police to use 'necessary' force
BY Ruwan Laknath Jayakody-
May 29, 2014
The police will hereafter use 'necessary force' instead of minimum force, when carrying out their duties.
Explaining the recent assault on university students and the death of suspects while in custody, Police Media Spokesman,... ...SSP Ajith Rohana, yesterday said minimum force was an outdated concept that has since been replaced the world over with necessary force.
"Minimum force was in existence in the first part of the 20th century. This is to use force in a minimum way to damage the opponent. Minimum force cannot be categorized or its line of separate, defining, identity cannot be found," SSP Rohana said.
He outlined the transition from using minimum force to enforcing necessary force came to be conceptualized with former Lord Chief Justice of England, Lord Lane's (Geoffrey Dawson Lane, Baron Lane) pronouncement in R v Williams (Gladstone) in the Court of Appeal (1983).
"Necessary force depends on the parties involved and not just the opponent. The height or weight of both or type of weapons carried will be factored in," the SSP added.
He cited the case of W.M.K. De Silva Vs. Chairman, Ceylon Fertilizer Corporation of 1988 as an example.
"If I am six feet in height and fat and you are four feet in height and lean and if I were to then hit you with my hand three times, it would be maximum force and not minimum force. If both parties are evenly poised in that both are six feet tall and fat, then four shots using the hand would be necessary force. If I have a baton and you a firearm or grenade and I hit you on the head with a baton it would be necessary force because otherwise you would hurl the grenade at me," he explained.
BY Ruwan Laknath Jayakody-May 29, 2014
The police will hereafter use 'necessary force' instead of minimum force, when carrying out their duties.
Explaining the recent assault on university students and the death of suspects while in custody, Police Media Spokesman,... ...SSP Ajith Rohana, yesterday said minimum force was an outdated concept that has since been replaced the world over with necessary force.
"Minimum force was in existence in the first part of the 20th century. This is to use force in a minimum way to damage the opponent. Minimum force cannot be categorized or its line of separate, defining, identity cannot be found," SSP Rohana said.
He outlined the transition from using minimum force to enforcing necessary force came to be conceptualized with former Lord Chief Justice of England, Lord Lane's (Geoffrey Dawson Lane, Baron Lane) pronouncement in R v Williams (Gladstone) in the Court of Appeal (1983).
"Necessary force depends on the parties involved and not just the opponent. The height or weight of both or type of weapons carried will be factored in," the SSP added.
He cited the case of W.M.K. De Silva Vs. Chairman, Ceylon Fertilizer Corporation of 1988 as an example.
"If I am six feet in height and fat and you are four feet in height and lean and if I were to then hit you with my hand three times, it would be maximum force and not minimum force. If both parties are evenly poised in that both are six feet tall and fat, then four shots using the hand would be necessary force. If I have a baton and you a firearm or grenade and I hit you on the head with a baton it would be necessary force because otherwise you would hurl the grenade at me," he explained.
