Ninh explains, the UK Laws on Self Defence So you’re in the UK and you’ve just been
arrested for either hitting somebody, bashing someone on the head with a wooden leg, or
shot a leprechaun to death … and you want to know if you can use ‘self defence’
as a way to avoid prosecution. This video explains what the UK laws are regarding
self defence, and if you can even argue self defence in a British court of law.
Before I begin though, I’d just like to say that this video is for educational or
entertainment purposes only, and is not a substitute for a legally licensed professional.
If you are in trouble with the law or you think you’re in trouble, please hire a lawyer!
So what is the law exactly? Without going to all the technicalities, the
law here in the UK dictates that… You may only use Reasonable Force to prevent
imminent danger and any further harm or injury. You may use self defense to defend
yourself, someone else who is in imminent danger,
your property, prevent a crime
or in a lawful arrest situation.
Now notice the key words in the description, because it’s these key words that will determine
whether you escape prosecution or not.
What is imminent danger? Imminent danger generally refers to a threat
to the safety of yourself, someone else or your property.
Whether you actually are in danger or not is irrelevant at this point, the key thing
is that you must believe that you were in imminent danger.
If you ever admit that you didn’t feel like you weren’t in danger – you’ll most
likely be prosecuted. Let’s say that someone is brandishing a
glass bottle in your general direction. You can defend yourself at this point if you believe
that the glass bottle will cause you or someone else harm. If he’s on the ground and you
then proceed to stamp him in the groin 17 times, this is not self defense, as the danger
had passed when the drunk fell to the floor. The prosecutor will also ask if you could
have used a more peaceful resolution, such as running away, and if you ever say yes,
you can’t argue self defence either. You can only argue self defense if you genuinely
believe that you had no other choice. Contrary to popular belief – you don’t
have to wait to be attacked first. You can issue a pre-emptive strike if you believe
that it will avert danger to yourself or someone you’re defending. You must however, always
use reasonable force.
So what’s reasonable force? There is no legal definition of ‘reasonable
force’ as this varies from case to case. But in general, it refers to the most proportionate
and least harmful response to the danger in question. You also have to apply common sense
to any case. If someone tries to choke you to death and
you poke him in the eye to get him off you, that is deemed to be a proportionate response
to the threat and therefore would be grounds for self defense.
If someone calls you a ‘popinjay’ and you go and poke him in the eye, this is NOT
a proportionate response and you can’t argue self defense. You are therefore guilty of
assault. If a drunk tries to rip your clothes off and
you knee him in the crotch, this would be reasonable.
If a drunk tries to rip your clothes off and you then stab him 27 times, this would not
be reasonable. In any trial, it will be up to the jury to
determine what’s ‘reasonable’ given the circumstances, as you will always argue
that what you did was ‘reasonable’.
I just hit someone with an object, can I argue self defense?
The answer: it depends. When you start using objects to defend yourself,
the odds tilt towards you being prosecuted and here’s why.
In the UK – any object acquired for the sole intention to cause harm can be classed
as an offensive weapon. Let’s say you’re in bed and someone comes
in and tries to rape you. You pick up the nearest thing you have (which
happens to be a table lamp) and bash him over the head with it. You can argue in court that
you did not buy the table lamp for the sole purpose of hitting a rapist over the head
with. You bought the table lamp as a table lamp and that you had no choice but to defend
yourself with it. This is good grounds for using an object in self defense.
If however, you keep a baseball bat next to your bed and a rapist comes in and you bashed
him across the head with it, and you tell the prosecutor that you keep a bat next to
your bed just in case someone breaks into your house – congratulations, you’re going
to prison. You’ve just admitted to buying an object
for the sole intention of causing harm, and therefore it’s now classed as an offensive
weapon. The best response if you get asked this question
is … I play baseball.
I just shot a guy with a gun. Can I still argue self defense?
When guns are involved, you REALLY tip the balance in favour of prosecution.
In the UK – where gun laws are extremely strict, you generally have no good reason
for having a gun in your possession in the first place, let alone using it to defend
yourself. If you’re not licensed to have that particular
gun, or you used an illegal gun to shoot someone with, it’s almost certainly prison for you.
If you are licensed to have that gun, the prosecutor will ask you what you were doing
with that gun when you used it in self defense, and there’s only a handful of scenarios
where you can escape prosecution here. And even then, it’s up to the jury to decide
whether you lawfully used it to defend yourself or not.
So to summarise. If you were defending yourself, someone else,
your property or preventing a crime AND there was imminent danger
AND there was no other peaceful resolution AND you used reasonable force
AND if you used an object, you did not buy it for the sole intention of causing harm
Then you may just about have grounds for arguing self defense to avoid prosecution.
Remember, this varies from case to case and I strongly recommend that you consult a lawyer
for your exact circumstances. I’ve seen thugs people shoot someone dead and get away
with it, and I’ve also seen grannies hitting robbers with handbags that got prosecuted
for it. So always consult a legal professional. If you have found this video at all helpful
or entertaining, please like, comment, share and subscribe. It takes ages to make one of
these videos and good karma is much appreciated. Remember, if you’re in trouble with the
law or you think you’re in trouble, please hire a lawyer!
Ninh Ly, www.ninh.co.uk, @NinhLyUK