SELF DEFENCE - AS SEEN BY UK LAW

What is self-defence as seen by the law? Well here it is once and for all. The degree of force permissible in self-defence has been defined by some legal bod as being:

"Such force as is reasonable in the circumstances in the prevention of crime."

When can you defend yourself? Do you have to wait until someone is actually throwing a punch at you? NO, if someone says they are going to kick your head in that is enough and if a blow is thrown, a person isn't just limited to simply warding off a blow. But before you go out beating up every gobby little teenager, there are three catches to this train of thought.

1) You have to be in actual fear that they will carry out the threat. For example, a fifteen stone 2nd Dan animal from Keighley might be criticised if he tore apart a four foot tall, twelve year old little girl with pink ribbons in her hair for saying she was going to knock him out

2) A person should have demonstrated by their actions that they did not want to fight. So saying Come on then you shirt-lifting w***er if you think your hard enough might not cut it with the judge when trying to explain that the situation was unavoidable your Honour.

3) finally battery must not be more than is reasonable or necessary for self-defence. It is both good law and good sense that a person who is attacked may defend themselves but may only do what is reasonably necessary. Trying to explain that it was all your mates fault for teaching you to always finish someone by jumping on their head when they are unconscious about twenty times, won't get you very far.

So this self defence lark is getting a little bit limiting really and this word reasonable keeps cropping up, so it may be relevant to look at this as well. There are no specific definitions or guide lines to "reasonable" it is entirely subjective. However a modicum of common sense is required when trying to work it out, people may wish to refer to this easy to use reference table of reasonable and unreasonable force.

Are You a Reasonable Person?

Someone pushes you in a pub and says that he is going to knock your head off because he does not like the look of you. He is so drunk he can hardly stand up.

Reasonable: Apologise for offending him and move to the other side of the bar. He is too drunk to bother with.

Unreasonable: Gouge his eyes out so that he will never be bothered by you appearance again.

Someone is running a key down the side of your car.

Reasonable: Shout at him to leave your car alone and if possible restrain him until the local representative of the law enforcement community arrives to take charge of the situation.

Unreasonable: Sneak up and knock him out with a brick, tie him up, get in you car, drive repeatedly over him saying You won't need the key because when I'm finished I'll slide you under the door.

Someone comes running at you with a large kitchen knife upraised shouting threats to kill you.

Reasonable: Do whatever you can. Worry about reasonableness later.

Unreasonable: Very Little

It is my opinion that the level of force used in defence is directly related to that used in attack and would escalate in response. However at the end of the day it must be noted that everyone must be accountable for his or her own actions and as long as you can justify your actions as reasonable then you will be okay.

What to do if your property is broken into:

http://www.cps.gov.uk/publications/prosecution/householders.html

Powers of Arrest

Section 24 of the Police and Criminal Evidence Act 1984 defines arrestable offences as:

a. An offence for which the sentence is fixed by law, e.g. murder.

b. An offence for which a person 21 years or over may on first conviction be sentenced to five years imprisonment or more.

c. Certain offences for which the penalty on first conviction is less than five year imprisonment, e.g. going equipped to steal, taking a conveyance without authority.

Section 24(4):

ANY PERSON may arrest without a warrant:

a. Anyone who is in the act of committing an arrestable offence.

b. Anyone whom he has reasonable grounds for suspecting to be committing such an offence.

Section 24(5):

Where an arrestable offence has been committed ANY PERSON may arrest without warrant:

a. Anyone who is guilty of the offence.

b. Anyone whom he has reasonable grounds for suspecting to be guilty of it.

It is important to observe from the above two subsections that:

1. It will always be a lawful arrest where any reasonable person suspects the "defendant" (D) to be in the act of committing the offence, whether or not (D) is committing the arrestable offence.

BUT

2. Where any person reasonably suspects (D) has committed an arrestable offence the arrest is unlawful if the arrestable offence has not been committed.

The common law power of arrest in relation to breach of the peace, e.g. fighting or creating a serious disturbance still exists and in such circumstances any person may arrest any person guilty of a breach of the peace anywhere.

Making an Arrest

Force

An arrest is technically an act of force by virtue of detaining a person or depriving him of his liberty. No more force than is necessary or reasonable under the circumstances should be used to prevent persons committing crimes or in the effecting or assisting in the unlawful arrest of offenders, suspected offenders or persons unlawfully at large. (Criminal Law Act 1967, Section 3).

Police

As soon as is practicable after an arrest police must be called and the arrested person handed over to their custody. In some cases where suspects are seen it may be possible to call police before the arrest is made by keeping observation until police arrive, being ready to make arrests if they attempt to escape.

Assistance/Witnesses

Whenever possible assistance should be obtained before making an arrest but undue delay could mean a thief escaping or further injury or damage being caused. When a complaint of a crime is made it is essential that details of the witness are obtained before arrests are made. It is best to have the witness point out the alleged criminal rather than arrest merely on a physical description.

Discretion

Be discreet. Arrests should be made as quickly and quietly as possible taking the arrested person to some private part of the museum taking care that they do not dispose of stolen property en route or escape. They must be told at the time of the arrest that they are being arrested and for what, e.g. "I am arresting you for stealing that purse".

Searching

The citizen has no right to search the person arrested but if it is suspected that he has a weapon and is prepared to use it a search would be necessary and justified.

Caution

It is not necessary for the citizen to administer a formal caution after an arrest but any statement made by the arrested person should be carefully noted. If it is necessary to question the suspect after arrest a caution must be given, but such questioning is best left for the police.

Notes:

It may be necessary to give evidence in a court of law and it will certainly be necessary to make a full statement about any arrest. It is therefore essential to make careful notes of the incident.

Everything that happened should be fully described including any conversation with the arrested person, which should be recorded exactly as it was said. Full details - names and addresses - of anyone who saw what had happened or who can assist in any way should be obtained. It is also important to record the date and time the notes were made as this will be relevant if a court case follows.

Theft

"A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it". (Section 1(1) Theft Act 1968).

There are five elements to prove theft:

a. Property was in existence.

b. It belonged to another.

c. It was appropriated.

d. The appropriation was dishonest.

e. There was an intention to permanently deprive the owner of it.

More serious forms of theft are called by different names, e.g. robbery, where a person steals and in doing so uses force or puts the person robbed in fear of force. Burglary, where a person enters any building or part of a building as a trespasser with intent to commit theft or other offence. It is not necessary to know these differences in detail - all are thefts and are arrestable offences. The Police and Crown Prosecution Service will decide the appropriate charge after the arrest is made depending on the evidence available.

A similar offence to theft, which might be experienced is "going equipped for stealing". This offence is committed by a person who is not in his usual abode, has with him any article for use in the course of, or in connection with, any burglary, theft or cheat. Examples of this would be a person carrying a jemmy or a glass-cutter.

Criminal Damage

"A person who, without lawful excuse, destroys or damages any property belonging to another, intending to destroy or damage any such property or being reckless as to whether such property would be destroyed or damaged shall be guilty of an offence". (Criminal Damage Act 1971, Section 1(1))

All offences under this Act are arrestable but where the damage is of a minor nature police may decide to proceed by summons but this does not make the arrest unlawful.

Criminal damage may also be caused or occasioned as part of a theft or attempted theft and it is therefore possible to commit two or more offences in one act.

Assaults

"An assault is the intentional application of force or the threat of such force to the person of another without his or her consent".

Common Assault

Where the assault is of a minor nature and there is no bodily harm, e.g. when a man pushes another, it is not an arrestable offence. In such cases action should be confined to separating the parties and ensuring that there is no repetition, exchanging names and addresses and allowing each party to take such action as they see fit. The best course could be to escort both parties from the building.

ABH/GBH

When assaults have become more serious - Actual Bodily Harm (ABH) results. This is when bruises result or cuts are inflicted and blood flows. In still more serious cases where bones are broken and serious physical injuries result such assaults are known as Grievous Bodily Harm (GBH). In both cases action should be the same - prevent further assaults by separating the combatants, securing medical aid for the injured and detaining the guilty parties. Full reports of such incidents are essential so it is important to obtain details of as many witnesses as possible.

Indecent Assault

Is an assault accompanied by some act of indecency? For example, the touching of private intimate parts of a person's body. In public places such assaults are frequently carried out in crowded areas where a man will push himself against a woman touching her buttocks or breasts, or touching in an indecent way children of either sex. If the offence is witnessed, or if a person complains, there is a power of arrest. Great care must be taken when investigating such offences - it is essential to obtain the assistance of a person the same sex as the person assaulted, to provide first aid and comfort to the victim whilst establishing the facts of the incident. In cases involving children the full co-operation of the parent or guardian must be established as early as possible.