What are the laws regarding SELF DEFENCE in the UK?

Question

I study a few martial arts, but seem to be getting conflicting messages from tutors about when it is alright to use what I'v been taught.
For example, 1 Tutor said that if someone pulled a knife out and *threatend* to use it, you can (if you want to risk it) take the from them by force as a pre-emptive measure, whilst another tutor told me you can only defend yourself if they actully attack you first.

I would really like to know the UK laws about self defence so that I know if I am ever in that situation (or one like it) that I will not be charged by the police for assult as well.

PLEASE NO USA ANSWERS (your laws dont apply in UK!)

Answer 1

Hate copy n paste answers, but this one needs to be specific!

Self-defense law in England

English law provides for the right of people to act in a manner that would be otherwise unlawful in order to preserve the physical integrity of themselves or others or to prevent any crime. It is provided in both common law and more specifically in the Criminal Law Act (1967). If such a defence is proved to the satisfaction of the court then the person is fully acquitted of the charges against them.

The act of protection must fulfill a number of conditions in order to be lawful. The defendant must believe, rightly or wrongly, that the attack is imminent. While a pre-emptive blow is lawful the time factor is also important, if there is an opportunity to retreat or to obtain protection from the police the defendant should do so - demonstrating an intention to avoid violence. However the defendant is not obliged to leave a particular location even if forewarned of the arrival of an assailant.

The other key factor is reasonableness - the defendants response must be necessary and in proportion to the nature of the attack. The harm inflicted on the assailant must not exceed the harm being avoided by the defendant. However like immanency the nature of the defence rests on the defendant's belief, whether their actions were in proportion to the circumstances they believed existed.

Answer 2

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Answer 3

The laws are both simple and complex, and the number of people prosecuted for defending themselves is very very small.

Principle one is that you must be defending human life. You cannot attack someone just to defend property (although you can assume you are in danger if they are on your property).

Principle two, is that you are confident they are presenting a THREAT. If they are running away, you have little defence. If you have broken their arm, and they get a knife or gun out, you may continue to defend yourself.

Lastly you CAN pre-empt an attack. Tutor #2 is completely wrong - you do not have to wait to be attacked. In fact tutor #1 is only partially correct - you could certainly attack someone if they took a knife out and threatened to use it, but more than that - (check principle two) if they do not remove themselves from your property immediately even WITHOUT a knife being presented, you can still use reasonable force, if you can justifiably perceive there to be a threat presented by this person. (We are assuming for example it is night, and they have broken in to your property).

Answer 4

The answer is you can only use"reasonable" force to fend off attack. So that if someone slaps you in the face, you cannot then give that person a karate chop that will kill him !!
In practise, however, if my house was being burgled and I heard noises coming from downstairs, I would be so terrified that I would grab my gun and the bastard would have to face the consequences of my fear and not necessarily the consequences of his act, LOL... my fear with adrenaline thrown in.
I think the answer is 'reasonable or like force'. So if you are attacked with a baseball bat and you don't have another baseball bat at hand.... you're screwed ha ha ha ha

Answer 5

If someone was coming at me with a knife, I wouldn't think 'OK so what can I do here so I don't get in trouble!!'
I'd be thinking, pick up the nearest hard object to me and batter them with it!!
If someone's coming at you with a knife you can do what you want as long as you don't stab them, especially not in the upper body!
But I wouldn't worry too much, I'm sure that 99% of the people out there wouldn't think how to not get in trouble if someone was coming at them with a knife, I'd pick up a rock, smash em in the head, or just punch em a million times then run away! lol

Answer 6

Everyone would be expected to use a reasonable force in self defence.

People who have skills such as yourself would have that 'reasonable' force put under extra scrutiny as to one who had no fighting skills.

Answer 7

My advice is ignore the kung-fu bullshit Pull out a hunting knife from your belt and say in your best Aussie drawl.

"That's not a knife.... this is a knife!"



Most self defence martial arts are useless in a real confrontation anyhow. It ain't like the movies Kocheese.

Answer 8

You can use reasonable force.If someone pulled out a knife and threatened to use it you would I assume be in fear of your life and therefore yes you could disarm them or if you can you could use extreme violence to defend yourself causing injury to the other person.The person in your example has already begun his assault and it would not be preemptive.A lot depends on what you say - were you in immediate fear of serious injury or death,was there an alternative IE running away,did you cease your assault immediately the danger was past etc.

Answer 9

if people actually take the time to read your question theyll see youre actually asking in relation to being trained in martial arts and not just an ordinary person with no training. you are allowed to use your training to defend yourself if the other person has attacked you first but you are only allowed to use enough force to keep them of you and not to beat them up so to speak or if it come to court youd be the one in the wrong. martial arts are a sport and not a license to go out and fight. if you think about it pro boxers arnt allowed to box someone if they are started on. its common sense really.

Answer 10

exactly what it says, self defense. if attacked, you defend simple.

of course the grey area is how you defend youself. most likely to get in trouble if you seriously hurt to kill the guy attacking you.

as usual the victim (you) will be punished more than the criminal.