I live in London and have had a scooter gang come after me twice to try and nick my Husqvarna 701. Thankfully I managed to outrun them.
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?
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 has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.
About Motorcycle Monthly
The MCM legal column is compiled by managing partner Andrew 'Chef' Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.
The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with all the motoring offences.
White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution.
White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance appointed solicitor, get proper independent advice.