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The right to use reasonable force to prevent crime comes from statute (S3 Criminal Law Act 1967). The definition of reasonable force is the same as the self-defence test. The definition of what constitutes a "crime" was clarified in R v Jones (Margaret)[2005] QB 259 [25] as any domestic crime in England or Wales. Unlike self-defence, this ...
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including, in certain circumstances, the use of ...
In law, a reasonable person, reasonable man, sometimes referred to situationally, [1] is a hypothetical person whose character and care conduct, under any common set of facts, is decided through reasoning of good practice or policy. [2] [3] It is a legal fiction [4] crafted by the courts and communicated through case law and jury instructions. [5]
The use of reasonable force is provided by s3 Criminal Law Act 1967, the Common Law and the Human Rights Act 1998. Reasonable force is further provided to PCSOs under Section 38(8) Police Reform Act 2002 when using a power which - in the same circumstances - would also be a power available to a Constable. [66]
A person may use such force as is reasonable in the circumstances in the prevention of crime or in arresting offenders or suspects. Insofar as an attack on property is a crime, reasonable force may be used to prevent the crime or to arrest the offender, whether it be theft of a sum of money or the damage of an object.
The force must be reasonable under the circumstances to restrain the individual arrested. This includes the nature of the offense and the amount of force required to overcome resistance. [109] [110] In Texas, a civilian may use reasonable force, including deadly force if reasonable, to prevent an escape from a lawful citizen's arrest. [111] [112]
In English common law there is no duty to retreat before a person may use reasonable force against an attacker, nor need a person wait to be attacked before using such force, but one who chooses not to retreat, when retreat would be a safe and easy option, might find it harder to justify his use of force as 'reasonable'. [11] Any force used ...
For the English law on the use of force in crime prevention, see Self-defence in English law.The Australian position on the use of troops for civil policing is set out by Michael Head in Calling Out the Troops: Disturbing Trends and Unanswered Questions; [4] compare "Use of Deadly Force by the South African Police Services Re-visited" [5] by Malebo Keebine-Sibanda and Omphemetse Sibanda.