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Justifying the Use of Firearms by Policemen and Soldiers; a Response to the Home Office's Review of the Law on the Use of Lethal Force

Rogers, J; (1998) Justifying the Use of Firearms by Policemen and Soldiers; a Response to the Home Office's Review of the Law on the Use of Lethal Force. Legal Studies , 18 (4) 486 - 509.

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Abstract

I argued that the use of reasonable force by policemen and soldiers should be a matter of law for the judge, rather than a question of fact by the jury, and discussed the principles which should then apply. I also suggested a supplementary line of defence for the policeman or soldier who believed that he was under a legal duty to act as he did.

Type:Article
Title:Justifying the Use of Firearms by Policemen and Soldiers; a Response to the Home Office's Review of the Law on the Use of Lethal Force
Additional information:This article has been cited by Professor Ashworth, and by Professor Horder (who describes the work as "fascinating") on three different occasions. It was also described as the "seminal work" in an article in Public Law. In 2006-7, the Law Commission sought my advice on the problems arising in cases involving policemen when it was thought that it might open a project on the matter. Subsequently, the government legislated broadly on self-defence without any reference to the Law Commission at all, which I criticised in the New Law Journal.
Keywords:s.3 Criminal Law Act 1967, reasonable force, yellow card
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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