The old bill weren’t really that interested at the time. However, I’ve now seen on social media that they’ve changed their tune and are chasing and knocking these little scroats off. I’m all up for that and then reversing over them.
So my question is this. If a scooter gang targets me again and I can’t get away, can I get off and kick ten bells out of them?
Answer
It will depend on whether you used “reasonable force” to stop yourself being robbed or not. The CPS guidance is useful and states, “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” a prosecutor should ask two questions: Was the use of force necessary in the circumstances, i.e. was there a need for any force at all? And was the force used reasonable in the circumstances?
If you lay a scally out by chinning him with a couple of punches then it is likely to be viewed as “reasonable force”. However, laying him out and then repeatedly putting the boot in for another five minutes, rupturing his spleen and breaking four ribs etc. is likely to be viewed as “unreasonable force” resulting in a holiday at Her Majesty’s Pleasure.
Andrew ‘Chef’ Prendergast
Motorcycle Monthly January 2019
