Guidance on the use of reasonable force states that, ?a person may use such force as is reasonable in the circumstances? for the purposes of:
self-defence; or
defence of another; or
defence of property; or
prevention of crime; or
lawful arrest.
In assessing the reasonableness of the force used, prosecutors should ask two questions:
was the use of force justified in the circumstances? ? i.e. was there a need for any force at all? and
was the force used excessive in the circumstances?
The defence of self-defence rests on the belief of the person who is subjected to the assault. Recently, the House of Lords considered the issue of the justification of a claim of self-defence in civil, as opposed to criminal, proceedings.
The case arose after a man was killed by a firearms officer serving with Sussex Police. The police officer stood trial for murder and successfully pleaded self-defence on the basis that he honestly and reasonably (albeit mistakenly) believed that the man he shot posed a threat to him and to the public. He was acquitted.
However, the victim's family pursued a civil case against the officer. This went to the House of Lords, which took the view that the civil law of tort exists to ensure that the rights of people are protected. One of those rights is the right not to be subjected to physical harm. This right has to be balanced by a person's right to protect themself. At issue is the appropriate balance between these rights under civil law. The Lords ruled that for the purposes of civil law, to hold that a mistaken belief that one was about to be attacked could justify a pre-emptive attack in self-defence was a completely inappropriate striking of the balance of rights.
Accordingly, the defence against a civil suit on the basis of a mistaken belief must fail. The acquittal on the criminal charges did not mean that the policeman had not unlawfully assaulted the man.
On a split decision, the Lords ruled that the man's family was free to pursue a claim for compensation from Sussex Police.
Says , ?It remains to be seen to what extent this judgment will lead to further claims in the civil courts by persons injured when the other party to the case successfully makes out a defence of self-defence in the criminal court.?
How To Self Defence
Important for YOUR success ? but leading to YOUR defeat!
Slide your feet and demolish him ? slide your feet and get kicked in the belly!
Move to your Left, WHACK! him ? Move to your Right, be whacked yourself!
Move about ? be crushed! Stand still ? crush him!
To be skilled in Footwork ? ten long intense years of study; but to be skilled in Winning ? five minutes of study - Stand Still!
Practice your footwork? and Lose; Don't ? and win!
The most important factor in using footwork is ? DON'T! You will surely be defeated and smashed.
For you, as a Beginner, this is most important advice. When you hit him, don't move your feet.
If you misguidedly attend self defence classes, your instructors will pour scorn on these remarks. Show them a copy of the first part above those dots and you'll see what I mean!
Explanation
You are a middle-aged unfit man or woman with no training or experience in the martial arts. You want to survive alive and unbroken in a mugging or rape attempt. You want that knowledge now, today ? tonight indeed! You lack time, you lack fitness. You lack skill. You lack strength. You lack inbuilt ruthlessness. You don't have a chance?
Wrong!
Simply because you don't have a chance against a professional mugger or drugged rapist, YOU DO! You have every real chance of surviving, of breaking him.
You are aware that a weapon gives you that much more chance of coming through in more or less one piece. You MUST therefore carry a weapon. A valid legal weapon. But what is a legal weapon?
A walking stick, an umbrella, a dog chain or dog chew. Possibly a karatetsu P.E.S.T.
Don't put any reliance whatsoever on rape alarms ? why should an innocent bystander come to help you, a total stranger, and have his throat cut as well as yours? It just doesn't make sense. Far safer for him to mobile phone the police, five miles away, and stay alive to try to identify your killer ?
You must learn say three techniques with your favourite weapon ? stick, umbrella, chew, whatever.
Your technique must be delivered from a standing still position. If you move your feet the (expert) mugger will laugh.
It must arise from an innocent, non-threatening position. It must not be held above your head as if about to hit him. Ideally (in your case) it must arise from your right rear and slash up through his left chops.
You must give absolutely no warning. This takes courage (and Autogenic Training!)
And then and only then can you step to your left and smash down into the angle of his right neck. Many times, many many many times ?
To use footwork takes much, much practice, months indeed. If you are not immaculate in your move, he will counter you. He may be a Mugger but most assuredly he's no mug.
If you don't move your feet he MAY not twig on to your intention. And you must hit him in the instant before he starts his close attack. You must hit him first. You must in fact PRE-EMPT his coming attack and scatter his wits as you smash his chops. And only then, while he is momentarily witless do you proceed as Survival dictates ? WHACK!
Footwork? What footwork? You want to survive, don't you?
Both Sridhar Duncanlewis & John Roberts-james are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Sridhar Duncanlewis has sinced written about articles on various topics from Legal Matters, Real Estate and Family Concerns. Sridhar is an experienced writer with expertise in writing about while self defence and. Sridhar Duncanlewis's top article generates over 9900 views. to your Favourites.
John Roberts-james has sinced written about articles on various topics from Legal Matters, Martial Arts and Bull Terrier Dogs. John Roberts-James is a Black Belt 4th Dan, a Senior Coach and author of effective practical books on self defence. http://www.personalprotectionpublications.co.uk. John Roberts-james's top article generates over 33100 views. to your Favourites.
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