The objective assessment of whether force used by a police officer was 'reasonably necessary' under s 615 of the PPRA is to be determined by reference to the facts and circumstances as they presented themselves to the officer at the time, not the true facts as they later emerge. A reasonable suspicion, even if mistaken, is both an essential and sufficient prerequisite for the exercise of powers under s 52 PPRA. Where a magistrate's factual findings are unchallenged on appeal, a District Court judge must determine the appeal on those findings rather than remitting the matter, and must not take a view of the evidence inconsistent with those unchallenged findings.
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