The Private Group Pty Ltd - Security Division - Bodyguards - Use of Force

Reasonable Force!!????? Force that is reasonable under all the circumstances.  This is an area where juries have struggled, judges have directed and people have pondered.  There have been many unusual decisions made and case law developed on this.

The example in the photograph on the left is a debatable use of force scenario (courtesy of The Age Newspaper and the internet)

But, lets stick to the basics.  The decision is often made in a second, and then fought over for 6 months.

Reasonable force is enough force to overcome resistance, or the aggression directed at you.  Any more than enough to overcome resistance leaves you open to accusations of excessive force.  The surrounding circumstances include the parity or disparity between parties. 

In english this means that if it is a struggle between a 4'6", small framed housewife and a 6'6" weightlifter there is a disparity between parties with the weightlifter having the perceived advantage.

If, on the other hand, you have two identical twins struggling, who are both in the same physical condition, you have parity between the parties.

This disparity shows in other ways, such as an accomplished pugalist (boxer) or highly qualified martial artist fighting an untrained man off the street.  There is again a disparity between parties. Another example would be the drug affected, or mentally impaired, person who is capable of shrugging off force that under normal circumstances would be sufficient to stop them.

What does this disparity mean?

When we talk about force, and what force can be applied it is not an escalation where you try the lowest option first.  You should, perhaps, envision it more as a number of options arrayed around you, with you choosing the most appropriate response under the circumstances.

The disparity between parties permits the person in the perceived weaker position to use more force than the person in the stronger position.  In the first example between the housewife and the weightlifter the housewife could justify using a weapon to defend herself, but the weightlifter couldn't.  She could justify it on the disparity in weight and physical ability, as well as reach.  Without a force multiplier it would be assumed she would be unable to reach parity with the weightlifter.

If she was unable to retreat she may, if she feared for her life, be justified in using a firearm.

For a bodyguard, or security guard, the option of retreating, given their obligations to their employer, or principal, also may not exist.

WHAT OPTIONS DO WE HAVE?

Verbal judo - talk to the person, guide them away, use non-confrontational language, don't use words like 'but', use 'and' instead.  When you hear that word 'but' in a conversation we interpret that as 'I disregard everything you said, you listen to me'.  If you change it to 'and' we hear, "I include what you said and offer this as further information".  Takes the sting out of an urgument.

Open handed techniques - holds, pain compliance, simply guiding, pressure points.

Closed hand - fists, strikes at nerve points, more force

Capsicum spray, OC spray, foam, pepper spray or similar (some jurisdictions) - designed to inflict non-permanent (short term) debilitating force.

Batons such as ASP batons, long batons, short batons - designed to be used to debillitate through pain, or through strikes on nerve points to cause involantary responses such as a leg folding up (Perrenial nerve).

Firearms - use of 'deadly force'

Deployment of Security Dogs.

Tazer - again promoted as a non-lethal use of force where pain is used to debilitate.

Physical presence of fit, confident security staff.

Non-verbals - between these are other posturings and non-verbal communications such as the presence of multiple security staff, weapons in holsters, armoured vehicles, radio's or communications devices,  drawing and display of a baton, drawing and display of a firearm. 

These are some of the many options for use of force, not all of which may be available for use at any particular time.  

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Deadly use of force.  For more please read Reasonable Force - Firearms.

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This in article by The Director, a former Police Operational Skills and Tactics (POST) Trainer with the Queensland Police.  One of the three original trainers.