
Originally Posted by
KerrAvon
I think you are overstating the position there.
In English criminal law a person is allowed to use reasonable force in defence of themselves or others. Depending on the circumstances you don’t have to wait to be attacked and the law (section 76(7) of the Criminal Justice and Immigration Act 2008) expressly provides:
(a) that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action; and
(b) that evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.
So, consider a hypothetical:
You and your work colleagues have been very violently assaulted. You have taken several significant blows to the head as have your colleagues to the point where you are unsure whether they are still ‘in play’ and able to defend themselves and others. There are at least two people present who have participated in the assault and you are unsure of the intentions of the others who are present. You are aware that you are carrying weapons that could, in the worst case scenario, be taken from you and turned against you and your colleagues.
You mange to take an assailant to the ground and could handcuff him to reduce the continuing risk that he poses, but doing so means making yourself very vulnerable by going to the ground yourself and turning your back on the other people present for several seconds.
In that situation, I think would want to make sure that the person I have taken to the ground stays there until the situation is under control and would take action to achieve that. For me, I think the notion that a person defending themselves and others ‘may not be able to weigh to a nicety the exact measure of any necessary action’ comes to the fore in that scenario and the methods I might use to try to eliminate the immediate threat might be quite ugly.
The ‘optics’ of my actions in that scenario would probably not be good, but I don’t believe that would be a material consideration in the split second that I would have to react.