What constitutes 'reasonable' force?

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Police are subject to the same laws as the public on using force The officer whose violent arrest of Toni Comer was caught on video says his use of "brute force" suited the circumstances. But how do you decide on the right amount of force?

The law is clear on the circumstances when force, by a police officer or any member of the public, may be used:

<ul class="bulletList"><li>Self-defence </li><li>Defence of another or property </li><li>Prevention of crime</li> <li>Lawful arrest </li></ul>

According to the Crown Prosecution Service, you can only use "such force as is reasonable in the circumstances". So how to assess reasonableness ?

The law says the person using force must honestly believe that it was justified, and not excessive.

The police are trained to ensure any use of force is reasonable. "Nick", a serving officer who asked to remain anonymous, told the BBC that in training he worked on an escalation of the threat.

Repeatedly punching a member of the public, not least a woman, in an unexceptional arrest situation is not an approved use of force Tony Murphy, Bindman & Partners Solicitors <a class="" href="/1/hi/england/south_yorkshire/6429569.stm">CCTV Pc off frontline duties</a>

"You placate a verbal threat by use of your voice. As the threat rises your response rises. At end of the day a police officer doesn't have to wait until he's being physically attacked.

"At the time, if you feel you were in danger of being attacked or killed you can use whatever force is appropriate."

Steve Wedd from the Criminal Law Solicitors' Association insists the police response should always be proportionate to the threat from the person being arrested.

"If the person is willing to walk to the squad car you take them by the elbow, you walk them across. If there's a little bit more force you use a little bit more effort.

"If there's quite a lot of violence then you use quite a lot of force."

Higher standard

The law on police use of force is set out in the Police and Criminal Evidence Act 1984.

Officers are subject to the same rules as the rest of society, but must meet higher standards than the public for two main reasons:

Firstly, because officers are trained in using force they must use approved methods of restraint.

Secondly, because police forces are public bodies, officers have a duty under the Human Rights Act not to use force that might constitute "inhuman and/or degrading treatment."

So did police use reasonable force when they arrested Toni Comer?

No, says Tony Murphy, head of police powers at solicitors Bindman & Partners. He believes the police actions failed both of the above tests.

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"Repeatedly punching a member of the public, not least a woman, in an unexceptional arrest situation is not an approved use of force.

"It should properly be denounced as inhuman and degrading treatment in a democracy."

But former Metropolitan Police Commander John O'Connor disagrees.

"Is punching ok ? It depends where she's being punched. I think those blows were being directed to her arm to try and get her into handcuffs.

"It might look terrible, but it's nothing like it's being portrayed, and she didn't suffer any major injuries. I think it's reasonable."

In this case, it may end up that the courts decide who is right.