Most people who begin a Martial Art begin primarily for the purpose of self defence, then perhaps as a means to gain their desired degree of fitness. But before any form of physical self defence is practiced I believe that it is crucial that prevention is practiced first. Then when you are unable to avoid or prevent a situation and you are left with no other choice other than to defend yourself physically it is crittical that you understand the legality of your own actions in the act of self defence.

In this section you will find information about the law and how it respects you as a victim and to what extent you may goe about defending yourself, your property or another person who is under attack. But always consider the consiquences of your own actions so as to make sure you do not go too far.

Justification

A brief summary of the legal view of self defence is as follows,

• Anyone is entitled to use reasonable force in order to defend themselves, their property or another person.
• Where a defendant puts forward a justification for the infliction of violence, such as self defence, then it is up to the prosecution to disprove these matters if a verdict of guilty is to be justified.
• The degree of force that is expectable depends on whether the defendant’s actions were reasonable during the time of the incident. When the issue of self defence is raised, the accused should have demonstrated by his actions that they did not want to fight. They must prove that they were prepared to disengage themselves from the situation but failed to succeed prior to the incident.
• The test of reasonableness is not entirely objective and the state of mind of the accused will not be overlooked.
• A breach of the peace can only be justified when used to prevent a breach of the peace.

Common Sense

You may only use 'reasonable force' to defend yourself or others from attack. What is perceived as reasonable will depend entirely on the situation. For instance, if you have felt the need to use a metal bar to beat the assailant to the point where you are no longer under any threat, then you continue to beat them you are then breaking the law. In essence you may only do what is required to be done to stop or avoid any further attack. But do bear in mind that the courts do recognise that.

"...a person defending themselves cannot weigh to a nicety the exact measure of their necessary defensive action. If in a moment of unexpected anguish a person had only done what they honestly thought was necessary that would be most potent evidence that only reasonable defensive action had been taken."

The law does expect you to attempt to extract yourself from any violence, not confront it.

Never Carry a Weapon

If you are attacked and you are carrying a weapon you will be charged. Guns, knives, clubs knuckle dusters are all illegal. However, everyday items such as umbrellas, keys or a magazine are permissible, but only when used with reasonable force.

Never ever carry a gun, not even a fake one. Guns ring alarms with the police and anyone who is under suspition of carrying a gun will be confronterd by armed police and potentially shot.

Threats to Kill

In many situation, people often verbally threaten to kill another. If this develops and a serious attack is made on that person the threat to kill becomes a matter of law. If the person who has issued the threat to kill then persists with a physical attack the person would be guilty of an offence and liable on conviction to imprisonment of a term not exceeding ten years.

A lawful excuse can exist if a threat to kill is made for self defence, providing that it is reasonable in the circumstances to make such a threat. It is then up to the prosecution to prove that there was no lawful excuse for making the threat.

Witness Statement

If you are involved in an incident where an unlawful act has taken place being an eye witness and giving an accurate account is very important.

Even if you are dirrectly involved in the incident yourself always try to construct a clear picture of the scene, try talking it through to yourself.

• What is actually happening as you see it?
• How did the incident start?
• What is the sex of those involved?
• What is the approximate age of those involved?
• Get the best description as possible - skin colour, hair colour, hair style, shape of their face, any distinguishable marks.
• What is each person wearing?
• Whois holding or using any weapon?
• If you are not dirrectly involved, try and note the action of each person.
• If a vehicle is involved, what type is it? How old is it? What condition is it in?
• What colour is the vehicle?
• Get details of all occupants
• What dirrection did the vehicle travel in?