PART III.  INSTRUMENTS OF FORCE law enforcement officials in the decision on what instrument to choose is a key characteristic of professional policing.153 Discretion in practice means that, within the constraints of law and policy, the law enforcement official(s), or their commander when he or she is present, is authorized to decide on the necessity of using force in a given situation, and also on what level of force can be considered proportionate. Sometimes such decisions need to be taken in a split second, which places great responsibility on the officer involved, meaning he or she needs to be well-trained in order to assess situations as they present themselves and decide on an adequate response. Discretion should be counterbalanced by accountability: law enforcement officials must record decisions and actions taken, and report afterwards the reasons for them and the circumstances under which they were taken, so that their conduct can be subjected to adequate control and oversight. The type and level of force used should be consistent with the principles of legality, necessity and proportionality. Such consistency is dependent on the following factors: • The policing objective to be achieved • The threat to the law enforcement official(s) or third persons • The type of (expected) resistance • The conduct of the subject being confronted • The time available to make a decision • The level of self-protection • The availability of other resources including the possibility to call for back-up • The area and the presence of uninvolved bystanders • The instructions or information received by the law enforcement official • The skills of the law enforcement official • The seriousness of the offence that was or is likely to be committed TACTICAL CONSIDERATIONS Law enforcement officials should take into account tactical considerations when deciding how to handle a conflict situation. Such tactical considerations include: • Is the area geographically or functionally suitable for employing the intended force? • What will be the impact on the cooperativeness of the alleged suspect if confronted with force now? • What will be the impact on the cooperativeness of the community if confronted with force now? • Will the presence of more—or fewer—or different types of officers (such as staff with good negotiating skills, from a specific ethnic group, that speak the language, that know the community, of a higher rank, etc.) help in minimizing or avoiding the use of force? • What instruments should or should not be displayed in order to seek to calm the situation? The police should not always make use of all their means of force, even when they would lawfully be in their right to do so. Sometimes a situation may de-escalate itself, as in fact sometimes law enforcement intervention ends up adding fuel to escalating tension. 153  Osse, Anneke, Understanding Policing: a Resource for Human Rights Activists, Amnesty International, the Netherlands, 2006. 69