R U Breaking the Law?...Fighting, Violence and Defence  Although most people don't go looking for it, at sometime or another some of us will be faced with a situation that is a bit too hostile for our liking. Whether it's people getting into a fight around you or getting into a fight yourself, defending yourself from an attack or apprehending someone who's breaking the law, do you know where you would stand if the law came in and broke it up? However like they say on Crimewatch - 'Don't have Nightmares', as violent crime is less likely to happen to you than you think.
So what's better to do if I'm getting attacked or threatened, fight back or do something else? Generally the best thing to do would be to avoid fighting someone who is attacking you, this might be easier said then done but if you're in this situation try and calm them in some way or another.  What happens if I can't do this?
Well you can defend your self but you can only use 'reasonable force', in other words if someone is poking you with a pencil you can't cut their head off with a samurai sword. But seriously what this basically means is that you can use self-defence to protect yourself but only you can't go over the top as it will cease becoming self-defence and you to will be committing an offence. What about carrying a knife? Well it is actually against the law (Criminal Justice Cat 1988) to have something in a public place, which has a sharp point or a blade. So carrying a knife is not a good idea as the Police can search you if they believe you've got one on you, even if you're in school (see police article). However pen-knifes are an exception if it is a folded blade less than 3 inches long.  So can I carry something to help me defend myself, say if I'm scared of getting attacked?
Well not really if it's a weapon, as even if you don't use it and are just carrying it for self-defence then you are still breaking the law (Prevention of Crime Act 1953) that you can't carry something that is made or adapted to cause injury to another person. What about if I start a fight, am I breaking the law?  Well if you harm anybody or make anybody fearful for their personal safety without reason, that could be a defence, then could be guilty of a number of offences. Assault does not mean in law what it probably means to you, you are guilty of assault if you make somewhere scared that they will be immediately harmed by physical violence.
So you don't have to touch them to be guilty? No, battery is the offence where you hit or unlawfully touch someone. If you are guilty of battery you are also probably guilty of assault but threatening someone without touching them can make you guilty of assault. The more severely you harm someone, results in a more serious charge, which means more serious punishment  How about if I see a fight going on, do I have to something?
Unlike some other countries, in the UK there is no law saying that you must do something if you see an offence being committed or see someone in trouble or even report it to the police. If someone is getting beaten up or is in danger you can just walk away but remember would you really want someone to walk away if you were in trouble. Although you may feel you're a grass if you phone the police you could be saving someone's life and you are doing the best thing if the people causing the trouble are going to get what they deserve. So how do I go about doing something myself? Well always the best thing to would be to phone the police and try to tell them as much as you can about what is exactly going on, as well as getting a good look at the person who is committing the offence. Can I arrest them myself?  You can arrest someone yourself but in no way is this recommended as people have been injured, harmed or even killed doing this. A 'citizen's arrest' can only be done by a member of the public on someone who is committing a serious offence like burglary, theft or serious assault, so whoever you might deal with is going to be nasty piece of work and probably quite dangerous. However don't try and arrest someone for dropping gum as you look like a pillock and could actually get done yourself.
So what happens if I'm a victim of crime myself? The best thing to do is report it to the police and try to remember any key details surrounding the crime when you give them your statement (see police article).  Is there anywhere I can get support from?
An organisation called Victim Support is open to give you help, support and advice in the aftermath of a crime. You can find them in the local phone book or try the contacts below. There is also the Victim's Charter, which is definitely worth taking a look at. Can I get anything else if I'm a victim? You can also claim compensation for any injuries you may have got from the crime by applying to the Criminal Injuries Compensation Authority. You can do this as long as you report the crime to the police as soon as possible and then apply within two years. However if there is a good reason behind any delay, like any serious after effects of the crime, then an exception can be made. So that's what you need to know about fighting and self-defence and the law now check out the following:
by ChrisM
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