Self Defence Against the Police? | BlackBeltBarrister

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BlackBeltBarrister

BlackBeltBarrister

Күн бұрын

Many people have asked whether you are permitted to use self-defence against the #police. This is a complex question and fraught with complications and risks. However, Self defence is a defence available when it is deemed necessary based on a genuine belief and as a defence against the police, it may be available in specific circumstances. If you were to use self-defence against the police, you are strongly encouraged to seek formal legal advice and in any event, you cannot and must not rely on this video alone! #selfdefence
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Disclaimer: Neither this nor any other video, may be taken as legal advice. I accept no liability whatever for any reliance placed upon it, as there is no contract between us and I am not instructed by you.
Other Self-Defence Videos:
5 Myths about Martial Arts Law and Self-Defence
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SELF-DEFENCE: Common Myths and Misunderstandings
• SELF-DEFENCE: Common M...
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• Self-Defence and Reaso...
References:
www.casemine.com/judgement/uk...
www.legislation.gov.uk/ukpga/...
www.legislation.gov.uk/ukpga/...
R v Browne [1973] NILR 96
DPP v Bayer and others [2003] EWHC 2567 (Admin)
R v Owen Fennell (1970) 54 Cr App R 451
R v McKoy [2002] EWCA Crim 1628
Smith and Hogan , 14th edition, 2015
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Пікірлер: 820
@Nbomber
@Nbomber 2 жыл бұрын
I would imagine that the moment where self defense against the police is legally justified, is the moment when it is already far too late anyway.
@DJWESG1
@DJWESG1 2 жыл бұрын
Yes. And theyd kill you b4 a trial, which would also further justify your reaction. I assume whats being discusssed here is english and welsh law. Under universal law you are permitted to fight tyranny by any means neccessary.
@MantasJurkuvenas
@MantasJurkuvenas Жыл бұрын
My brother punched a police officer, who was not in a uniform but on duty. Police officer approached him from the back, grabbed his arm and asked to follow him. No charges we made
@gregnajar
@gregnajar 9 ай бұрын
@@MantasJurkuvenasonly one punch? Did he sleep him or drop him? Cause I would’ve let out the craziest combo if someone grabbed me from behind.
@DF-cc5im
@DF-cc5im 2 жыл бұрын
I like the idea of using self defence as a defence with a barrister who has a black belt in self defence.
@lurmot
@lurmot 2 жыл бұрын
I could 'ave him.
@suer1945
@suer1945 2 жыл бұрын
Haha
@caerleon9176
@caerleon9176 2 жыл бұрын
And a offensive weapon in a private place under his TV.
@barrymichaels2663
@barrymichaels2663 2 жыл бұрын
Who will win 😁
@bradskep
@bradskep 2 жыл бұрын
@@barrymichaels2663 I'm guessing the barrister who is basically a ninja in two professions
@DavidGetling
@DavidGetling 2 жыл бұрын
A very interesting video. What is truly frightening however is the lengths this person had to go to to have his conviction quashed. I doubt most people would have had such strong resolve. Also, with things like this there is the fear of ruinous legal costs, so many without deep pockets would be dissuaded from seeking justice.
@nbandpinportugal
@nbandpinportugal 2 жыл бұрын
@@Steves_fish The wealthy can afford justice and so can the poor ( Legal Aid ). Everyone in between is effectively denied it.
@edeledeledel5490
@edeledeledel5490 Жыл бұрын
If the conviction was quashed, why weren't costs covered by the judgement?
@neddyseagoon9601
@neddyseagoon9601 Жыл бұрын
And now, for all those folk wondering why cops cuff folk "for their and my safety" without actually arresting them first... there's your answer. A screaming mum, without cause, ends up with everyone cuffed to reduce the risk involved in turning your back. You see it here and on TV. An idiot attacks cops while cops deal with his skriking drunk lady friend, (or vice versa), and now, he's virtually protected in law from seriously injuring a cop who doesn't even see him coming. In this court case he imagined and didn't see that there was no assault on his mum nor the need to assault police in defence of another. So how could his actions have been proportional? He didn't see the proportion of force being used on his mum. This stupid caselaw will allow someone to imagine a potential murder and to kill in defence even without even seeing anything amiss. We've a brilliant case of that when Oscar Pistorious fired at a imagined "burglar" intent on harming him, through a closed door. It's a bit of a failure given that proportional force, escalating at each turn is open to both parties. Cop does nothjng, girl screams. Boy punches cop in the head. Cop punches back harder. Boy finds a brick and hits with it. Cop takes out his stick and hits back... where does it end? Do we really want to see scenarios of "Oh I thought" allowing battle royals until the last man standing?
@evanburgess8428
@evanburgess8428 4 ай бұрын
​​@@neddyseagoon9601nonsense. This law protects people from.excessive force, torture and witnessing police commit crimes. Just look at the policeman who killed the lady during lockdown under guise of arrest. Just look at police behaviour under protests, such as the policeman during the london riots who killed a deaf man who had his back turned. Soon as police step outside the law they are fair game as anyone else. Imagine the situation you are being pushed by a policeman onto a glass covered floor. You don't need to accept that as your wounding isn't justified even in a legitmate arrest.
@rogerthedodger5788
@rogerthedodger5788 2 жыл бұрын
This is a terrible indictment on the police, that public trust has diminished to such an extent this video is required. The police need to look at Robert Peel's declaration of how the police require public trust and assent.
@olibrit2825
@olibrit2825 2 жыл бұрын
Law is the law..police arent exempt. If police didn't break their own law,there would be no need for this video??
@stevenplaza6761
@stevenplaza6761 2 жыл бұрын
@@rogerthedodger5788 His ebooks are great tomes of knowledge and good value too. Crimebodge that is. o/
@buddhistsympathizer1136
@buddhistsympathizer1136 2 жыл бұрын
OP: My thoughts exactly
@DavidGetling
@DavidGetling 2 жыл бұрын
I honestly believe that the government, using police like the Gestapo in the last 18 months, have very seriously damaged the police's relations with the public. Mind you it's nothing compared to how the police in Australia are currently behaving.
@DavidGetling
@DavidGetling 2 жыл бұрын
@irigouis88 Like the Nazi apologists in 1930s Germany you are ignoring the evidence you don't like. Have a good look at a lot of the KZfaq videos for the last 18 months.
@reaperwayne
@reaperwayne 2 жыл бұрын
It is almost impossible to defend yourself where the police are concerned and they know it which is why they do what they do and get away with it
@ianking8315
@ianking8315 2 жыл бұрын
correct reaper that is why people record them now as it might help in your defence.
@stephen393
@stephen393 2 жыл бұрын
That's why in court you have to appear as a man and not a legal person. You can sue them, you just have to know your common law rights. Not the English common law, the natural common law.
@sapmmer
@sapmmer 2 жыл бұрын
@@stephen393 why does that help you? If you did that in front of the court then you would just look like an idiot and you would probably lose your case. Get that freeman of the land mumbo jumbo out of your head, it doesn't help, only hinders.
@DJSonicScotland
@DJSonicScotland 2 жыл бұрын
This is why you record them at all times.
@tubthump
@tubthump 2 жыл бұрын
@@sapmmer I know someone who tried all this freeman shite in a court case. It was given very short shrift apparently. I doubt anyone has won a case because of it
@johnny-bd5kl
@johnny-bd5kl 2 жыл бұрын
So I take it by this that in nearly every case in Scotland you can use self defense against the police? Cause them punching you, kicking you , jumping on your head and strangling you isn't classed as reasonable force to detain someone😡
@63Baggies
@63Baggies 2 жыл бұрын
LMAO🤣
@philflip1963
@philflip1963 Жыл бұрын
Oh yes indeed you can, but only once they've identified themselves as being 'normal' rather than rare examples of legitimate Police Officers!
@paulevans9307
@paulevans9307 2 жыл бұрын
One of my colleagues had an interesting one from many years ago... He was on leave from the army (from a placement where he had adopted a non-military appearance), found a commercial/institutional building that his family had an interest in had been broken in to - broken window, alarm ringing, etc - so he gained entry to see what was going on. Meanwhile the police had been called, and a fairly fresh PC came up behind him, and struck the guy without warning - he thought that the army guy was the burglar and was attempting to apprehend them in the act without giving them the chance to run, and they were immediately underneath one of the sounding alarms. Guy turns, elbows the officer squarely in the chest, rotates arm, to hit the officer in the face - gets the copper's hat instead, causing it to fall forward and give the copper a fairly decent cut nose. He was under the belief that the guy trying to get him was the intruder. PC is fuming, that this burglar has assaulted him like that. Sergeant arrives, gets the account of what happens and tells the PC that it was his own fault and he was lucky to have not got more injured by jumping a soldier from behind without warning. No hard feelings from anyone there, and shortly after my colleague was happily assisting that PC with an arrest
@paulkemp8520
@paulkemp8520 2 жыл бұрын
I like that, very gentlemanly. You can get into a fight without getting the law involved, especially if mistakes are made.
@neddyseagoon9601
@neddyseagoon9601 Жыл бұрын
I'd have just chalked it up to experience to avoid the pee taking back at the station but then, back in the days of regular fitness tests, I'd probably been able to outrun many burglars so I would've announced my presence and intentions first.
@sherlockinvestigatesjapan8302
@sherlockinvestigatesjapan8302 2 жыл бұрын
Fantastic video, thank you so much. This is something that comes up regularly in self-defence training, especially nowadays. I try and advise students to research laws related to self-defence and common crimes that they could possibly encounter in their daily lives (Theft, robbery, burglary, assault, etc) The advice I will always give, is that unless they suspect the Police (Or people claiming to be Police) are actually going to murder or seriously harm them, is to just go along with the arrest without resistance and let the truth come out that they are indeed the wrong person being arrested and they can be compensated after the event.
@robkcorbett
@robkcorbett 2 жыл бұрын
Thank you for getting to the heart of the matter by quoting the case law which, read with the statute, tells us what the law truly is. So many seem to think the statute is the be-all and end-all of criminal law (and other areas of law too). It's a component.
@waynem2869
@waynem2869 2 жыл бұрын
Thanks very much.. Just currently exploring S.76. for my police station attendance portfolio... Thank goodness it's the final hurdle for my PSRAS accreditation.. Really appreciate your help and support Wayne.
@thewholeroll
@thewholeroll 2 жыл бұрын
Really interesting and great to hear another situation where law seems to align pretty well with common sense. Your respect for the law really shines through in videos like these. Despite the fact it might make the video a little "drier" (depending on your level of interest) and perhaps less "KZfaq friendly", you clearly prioritise careful analysis and explanation if that's what's needed.
@63Baggies
@63Baggies 2 жыл бұрын
Isn't that his job; he wouldn't be a very good Barrister if this approach was not SOP?
@dodgydruid
@dodgydruid 2 жыл бұрын
I actually have done this, as a minor I was arrested and the officer decided I needed a bit of a slap so he wrapped his forearm around my face into a kinda headlock and I couldn't breathe, I was not at the point resisting or any way combative and I hadn't actually broken any laws either... so unable to breathe as both nose and mouth was covered and compressed I bit the bugger, drew blood too and until a concerned eye witness came forward it was literally my word against the old bills and looking at an ABH charge... Eye witness gave a statement which my brief got hold of and case collapsed, however I didn't get away with it as they pushed social services to declare me a juvenile delinquent and I spent the next eight months touring London's secure units before spending two and half years at the Royal Philanthropic School in Redhill. Much of my casework was used in the drama Made in Britain and then I was a subject of a Channel 4 documentary trying to work out why I was so angry towards the police amongst things. It all came down to an abusive father and I was going to be dead before I let anyone else think they could give me a beating and so I fought back. What did stand in my favour was my late mother was at this time deputy editor at the Times, sub editor at Guardian, Mail on Sunday and TV reporter too.
@invisibilitycriterion6782
@invisibilitycriterion6782 2 жыл бұрын
If aforementioned officer knowingly used force for the purpose of asphyxiation, that must be grounds for self defence. To knowingly asphyxiate: there can be no other legal definition then attempted murder. May I ask the basis for Social Services to declare you a “juvenile delinquent” as you were acquitted of ABH? Did you by any chance meet with David Lelend: screenwriter of Made In Britain. I knew the film was fact based, I didn’t realise the authors of this work had access to confidential case material.
@allistair61
@allistair61 2 жыл бұрын
Probably worth mentioning that me attempting to resist the police would probably result in the police officer being unable to breathe for laughing so hard.
@BlackBeltBarrister
@BlackBeltBarrister 2 жыл бұрын
Wrongful arrest: kzfaq.info/get/bejne/erVznax1lbmcip8.html For Questions: kzfaq.info Direct contact: instagram.com/blackbeltba... Disclaimer: Neither this nor any other video, may be taken as legal advice! Other Self-Defence Videos: 5 Myths about Martial Arts Law and Self-Defence kzfaq.info/get/bejne/rp2IhdWitp7dZYU.html SELF-DEFENCE: Common Myths and Misunderstandings kzfaq.info/get/bejne/pqyqabWcytCamKc.html Self-Defence and Reasonable Force kzfaq.info/get/bejne/i8uXodxmy52Wk40.html
@EdzashedFudwinkle
@EdzashedFudwinkle 2 жыл бұрын
What about when they go straight to your being detained, handcuff you, question you, realise they've acted irrationally and not impartial, then de-arrest you on the spot, alot of Police are doing this, no arrest just a street detainmemt to, handcuffs for safety (apparently), and a de arrest, if you answer questions or not. Just a loop hole for the police really, hope you have an answer to it, TIA 👍
@BlackBeltBarrister
@BlackBeltBarrister 2 жыл бұрын
@@EdzashedFudwinkle Follow-up video being released today - stay tuned and get popcorn, it's a long one!
@BlackBeltBarrister
@BlackBeltBarrister 2 жыл бұрын
@@EdzashedFudwinkle kzfaq.info/get/bejne/erVznax1lbmcip8.html
@simontemplate
@simontemplate 2 жыл бұрын
Fascinating! Great job for sharing these highly informative videos which illuminate our very complex legal landscape.
@BlackBeltBarrister
@BlackBeltBarrister 2 жыл бұрын
Thank you 😊 🙏
@mattjagger4360
@mattjagger4360 2 жыл бұрын
No point resisting arrest. No point saying anything. No point screaming innocence. Shut up. Relax. Let it happen. Couple hours after a No comment interview you'll be let out onto the street and able to get on with your life after instructing a brief on the charges. And self defence against the police is going 1 way and that's you to prison.
@seamusburke9101
@seamusburke9101 2 жыл бұрын
Very wise comment Matt.
@Interknetz
@Interknetz 2 жыл бұрын
You could just exercise your right to remain silent instead of saying no comment.
@mariuscheek
@mariuscheek 2 жыл бұрын
At law school (I've never practised at all!) I developed a deep love for the OAP 1861 "Not providing apprentices or servants with food, whereby life is endangered." "Impeding a person endeavouring to save himself from shipwreck." "Furious driving." "Maliciously administering poison, with intent to injure, aggrieve, or annoy any other person." Apart from anything else, the language is beautiful!
@richardk5246
@richardk5246 2 жыл бұрын
I should imagine being given poison is pretty annoying. You're right, the words used are very graceful and elegant.
@24694104
@24694104 2 жыл бұрын
' furious and wanton cycling' is a beaut. Never managed to nick anyone for it though!🤣
@tonystrange7224
@tonystrange7224 2 жыл бұрын
Found this totally fascinating. Brilliant video. Thank Daniel.
@BlackBeltBarrister
@BlackBeltBarrister 2 жыл бұрын
🙏
@freedomfighter5335
@freedomfighter5335 2 жыл бұрын
Why is it I see many instances of the police acting above the law in using unnecessary force, I would describe this simply as if you did this to a copper you'd be charged... all too often the law is not applied equally
@freedomfighter5335
@freedomfighter5335 2 жыл бұрын
@irigouis88 well I reiterate my point... if I did some of the things I've witnessed to a copper I'd be arrested and charged without hesitation... these same rules are not enforced or sentenced the same...that is a fact...
@rickthescrewballpeacekeepe7387
@rickthescrewballpeacekeepe7387 2 жыл бұрын
Police officers don't get harsh penalties when they are convicted of whatever it is they've done wrong, we end up with a longer sentence than them for the same crime they have committed.
@rickthescrewballpeacekeepe7387
@rickthescrewballpeacekeepe7387 2 жыл бұрын
@irigouis88 let's try this another way, how about if a police officer is found guilty, sentence them to death, that would make the world a better place and save lots of money by not having them in prison.
@PippetWhippet
@PippetWhippet 2 жыл бұрын
@@rickthescrewballpeacekeepe7387 Try what another way? No-one's interested in enabling your fantasy about killing police. Grow up.
@theshortsshow4433
@theshortsshow4433 2 жыл бұрын
Look mate. We’re dealing with a Stasi style police force here who can do pretty much what the hell they like and use whatever force the hell they like. They’re protected by their superiors and totally above the law as they are a law unto themselves. We’ve all seen it on the box. They’re all in it together. You can’t beat em! Ever! I’ve seen it so many times over my 66 years. I had a few of them in the immediate family too. All dodgy gits the lot of them. And no! I’ve never been in trouble with the police. I even protected one from having his brains smashed out with a brick by a deranged pillock once. Only for his sodding mates when they turned up trying to arrest me! Even pepper spraying me in the process. It took the little short house copper who’s neck I rescued almost three minutes to admit I was helping. I’d think twice next time! There’s bloody gratitude for ya.
@DiggerEvans
@DiggerEvans 2 жыл бұрын
Not worth risking yourself by getting involved
@seamusburke9101
@seamusburke9101 2 жыл бұрын
Theyre scum and no mistake.
@seamusburke9101
@seamusburke9101 2 жыл бұрын
I have a daughter in the Guards in Ireland and I wont even speak to her
@seamusburke9101
@seamusburke9101 2 жыл бұрын
@@DiggerEvans dead right, they'd nick their own dad.
@superlazy3355
@superlazy3355 2 жыл бұрын
I was getting my tobacco out of my van at 430am in the morning (sober as a judge) and basically got attacked by the police. Gave my name and address (which was meters away) asked if I'd been arrested or detained and he said "no I just want to chat" I went to walk away and got grabbed by the throat. All the body worn footage was deleted all the footage in the van and all the custody footage was deleted and plead not guilty all the way to crown court. Yep got convicted too... Now this copper has a proper hard on for me.. Me and a friend got stopped and pulled over by him and several colleagues and he tried planting something on me but the Sargent walked around and he stopped... No time for 99% of them
@barrymichaels2663
@barrymichaels2663 2 жыл бұрын
If you try to resist an unlawful or lawful arrest, the police will get brutal with you no matter the circumstances.
@PippetWhippet
@PippetWhippet 2 жыл бұрын
The time to debate whether an arrest is unlawful isn't with the police officer arresting you, it's with your lawyer, because yes, you're correct - if a police officer arrests you, he's not doing it thinking it's unlawful - he thinks it's a lawful arrest. Therefore, if you resist, he's going to use as much force as he deems necessary to restrain you. Brutal is one of those fluff words that people use to put emotions into their argument. The exact same police officer using the exact same amount of force against a burglar he caught in your home suddenly isn't "brutal", suddenly he's "heroically captured a criminal".
@gray100
@gray100 Жыл бұрын
​​@@PippetWhippet Yeah, cos no cop has ever arrested anyone who was innocent or that he couldnt trump up a charge against.. clown.
@c11yan
@c11yan 2 жыл бұрын
Many years ago without going into context - a police officer struck me with force. It was right into middle of my chest and it brought me to tears the pain. He went to do it again at which point I struck my arm across his face and he lost his footing and I pinned him on the ground. He attempted to arrest me but I had over powered him. Fortunately his other (older) officer just rolled his eyes and nothing was ever made of it. It was genuine self defence - whatever manoeuvre he did it hurt immensely.
@gray100
@gray100 Жыл бұрын
I'd like to shake your hand, sir 😂
@LRDefender80
@LRDefender80 2 жыл бұрын
I always enjoy watching these videos as they are so informative and brilliantly presented. I always find criminal law in particular fascinating as it evolves so much and changes with the times. In incidents like this where the police got it wrong, I don’t think it’s a criticism of the police, but an examination of the law and clarified. I do worry with the anti police comments and people that these sort of videos attract but know this is not what they’re aimed at.
@tonyryan1574
@tonyryan1574 2 жыл бұрын
Looking forward to this.
@Arcticnick
@Arcticnick 2 жыл бұрын
It was so good I am watching it twice.
@davet9900
@davet9900 2 жыл бұрын
very strong/comprehensive video, thankyou
@colme3673
@colme3673 2 жыл бұрын
Excellent insight, I do find your video's FASCINATING.. 👍👓
@keithsmith8525
@keithsmith8525 2 жыл бұрын
Very interesting and thought provoking - thank you.
@TheLinkoln18
@TheLinkoln18 Жыл бұрын
I was done for assault on an emergency worker, and as I was being shoved, I put my hand out to steady myself, I made the lightest of contact with an officer, I was pretty badly manhandled.. It is almost impossible to hold the police to task.
@olibrit2825
@olibrit2825 2 жыл бұрын
Good video...my only point you failed to mention was if you are arrested and then released..NFA, you then can sue the police for battery(handcuffs), unlawful arrest and false imprisonment..this happened to me and now im claiming for £15,000 in damages for police offences!
@HowDeepIsYourJesus
@HowDeepIsYourJesus 2 жыл бұрын
Now, the real question on everybody's mind....can one perform a citizens arrest (section 24a) on a police officer if you see him doing a Derek Chauvin on an innocent brother?
@jamesmurphy7828
@jamesmurphy7828 Жыл бұрын
I actualy have been wondering if it's legal in some circumstances to arrest a British police officer as a British citizen
@Hrossey
@Hrossey Жыл бұрын
I Jiu Jitsu choke holded a black sergeant last month for being racist to my white friend. I agree that it's okay to hold and detain anyone, untill a constable arrives. Especially racist black police officers.
@HowDeepIsYourJesus
@HowDeepIsYourJesus Жыл бұрын
@@Hrossey I think everybody here can tell who the racist is.
@AceBullion
@AceBullion 2 жыл бұрын
As an American in the UK, and no retired Paramedic. I find the laws to be baffling. I am leaving out a lot here... But the self defence laws are extremely dangerous as you pointed out and I commend you for raising awareness. Police officer or not, there are times which self defence are required. In my 25 plus years here, I only needed to use self defence once! I believe you will most likely need to use self defence if you allow yourself to be put in a situation where it is likely to be needed. But that does not define every person as a whole. Great video and thank you for the clarification.
@Hrossey
@Hrossey Жыл бұрын
Derek Chauvin doesn't agree that self defence is a thing there. Kyle Rittenhouse too is like whaaaaaa?
@TheAdeybob
@TheAdeybob 2 жыл бұрын
when trying to stop two coppers from actually beating up my brother (!), I managed to interject myself, and made great use of my bony ass and elbows to clear some room. I got one right in the nuts just by bumping him...a tragic accident, of course...while another was seriously winded - another unfortunate accident also. It seems that if you don't raise your hands and feet, or hit with your head, you can get away with quite a lot in a Norman Wisdom kind of way.
@kennethatkins9250
@kennethatkins9250 2 жыл бұрын
Thank you most clear
@thestampede3153
@thestampede3153 2 жыл бұрын
As far as magistrates are concerned police officer vs jo public, there is only one outcome as far as they are concerned irrespective of witnesses or evidence.
@HeathenGeek
@HeathenGeek Жыл бұрын
thorough af. Thank you
@Rapscallion2009
@Rapscallion2009 2 жыл бұрын
I think this may be one of those times when there is a significant difference between predicted and probable outcomes....
@YanNed-ou3lx
@YanNed-ou3lx 2 жыл бұрын
Once again thank you
@saginata
@saginata 2 жыл бұрын
It's really sad how trusting the british public is of the police, especially the kind of people that end up becoming magistrates.
@gingerbill128
@gingerbill128 2 жыл бұрын
Thanks for the video's.
@gmt6103
@gmt6103 2 жыл бұрын
Wish I knew how to defend against advertising 😵. Thank you for your help in educating me in law! ✌️💚🙏
@visitor55555
@visitor55555 2 жыл бұрын
So as usual, as so many cases in law seem to end up, the problem is HONESTY. We really need to sort that out. When the defense "I didn't know who it was that was really trying to arrest me" exists, we'll never get anywhere.
@simongill3903
@simongill3903 Жыл бұрын
What should you do if during the arrest and whilst handcuffed behind your back you sustain an injury. That injury being a cut to the forhead from being thrown into the back of a van and unable to break your fall with your hands and requiring stitches leaving a two inch scar!
@jonray7860
@jonray7860 2 жыл бұрын
Hello could you please tell me if the defence for self defence is available to people when as being seen many times lately on many channels where police constables have removed their collar numbers to avoid identification
@rickthescrewballpeacekeepe7387
@rickthescrewballpeacekeepe7387 2 жыл бұрын
If a police officer has no visible form of identity, ask them for it. Failing that, the arrest could be seen as unlawful, treat them as a member of the public.
@bigbill74scots
@bigbill74scots 2 жыл бұрын
That was excellent, I could have listened to that for hours. Fascinating. Thank you!
@BlackBeltBarrister
@BlackBeltBarrister 2 жыл бұрын
🙏thanks!
@Adrian-kj3uc
@Adrian-kj3uc 2 жыл бұрын
can i ask what the reasonable force would be for a disabled defendant with for instance limited mobility since they are unable to actively defend themself from attack should a tool be used in their defense (such as a torch or other such blunt implement) could this be considered reasonable since the defendant is physically impaired?
@bobadams7654
@bobadams7654 2 жыл бұрын
A torch may be necessary for anyone nb but you must not carry it for self defence.
@ishmaelmusgrave
@ishmaelmusgrave 2 жыл бұрын
first point of self defence; if you *Can* walk away, you should... that's a great point. defuse the situation rather than escalate...
@rickthescrewballpeacekeepe7387
@rickthescrewballpeacekeepe7387 2 жыл бұрын
Try telling that to the police, they seem happy to escalate any situation to the point where it becomes violent.
@James_BAlert
@James_BAlert 2 жыл бұрын
If 2 fellows start duffing you up and justifying it with false accusations, wouldn't self defence be available?😶 Now give those 2 fellows a uniform and a (warrant) card, is self defence not still available? 🤔
@madbadger85
@madbadger85 Жыл бұрын
It like anything, if someone is beating the shit out of you, you fight back no matter who they are including the police!!! You have a right to protect yourself.
@makiwa
@makiwa 2 жыл бұрын
Can the use of Handcuffs be construed as assault if it is deemed that said use was not required, ie there was no threat of resist, flight or harm to oneself or others? Thanks.
@grimftl
@grimftl 2 жыл бұрын
Peelian Principles: #4 To recognize always that the extent to which the cooperation of the public can be secured diminishes proportionately the necessity of the use of physical force and compulsion for achieving police objectives.
@meandtheboisvlogs8109
@meandtheboisvlogs8109 Жыл бұрын
If you feel like you will die without action, take action. It's simple. Preserve yourself
@nottjohn9418
@nottjohn9418 2 жыл бұрын
Thanks for explaining some points of law intelligently without making me want to punch a policeman!
@bobbybates2614
@bobbybates2614 2 жыл бұрын
Please can you tell me if a bailiff or debt collector that has a warrant that has no court stamp or judge signature and they are from a company like marston capita are these warrant valid
@darrenjones3681
@darrenjones3681 2 жыл бұрын
I guess yourself BlackBeltBarrrister that I think you recently did a video of martial arts self defence and if you can use or have In your possession a martial arts weapon, would “possession “ apply to the Katana on your wall?
@gamewithadam7235
@gamewithadam7235 2 жыл бұрын
In my opinion the police officer aggravated the situation by putting his hand on the mother's hand. He made physical contact and it made her uncomfortable, a minor assault I would say. He is also putting himself in danger if she ruthlessly drives off anyway with his arm in the car window and is more likely to act irrationally. Would have been safer to let her go and get her later when nobody was in the car.
@EyeSpyAudit
@EyeSpyAudit 2 жыл бұрын
I always wondered using self defense against Police that are breaking the law or making unlawful actions would be legal
@jaycearoo
@jaycearoo 2 жыл бұрын
I wish they had body cameras back then, I was a victim of a serious assault from west Yorkshire police , I went to them for help and just got totally violated, ended up in prison the next day on attempted murder charge on them for what they did to me... I'll always be grateful for that one police person that came to my trial and told the truth and told the crown that I wasn't under arrest at the time... I can still picture the circuit judge shaking his head and saying I could go with conditions... There wasn't much talk of law back then, police made up everything to destroy a person's...Police were involved in car ringing , bank jobs and total abuse of power, it's been nice to see some of the officers involved going on to be linked to crimes and theft in there retirement age...
@Arcticnick
@Arcticnick 2 жыл бұрын
@@jaycearoo Goodness me. That is stuff I try not to read about in horror books. I hope you are okay now.
@dannydetonator
@dannydetonator 2 жыл бұрын
@@jaycearoo Oh, the pre-millenial Britain.. Paralels with the ex-USSR Militsia, where i grew up.
@EyeSpyAudit
@EyeSpyAudit 2 жыл бұрын
@@jaycearoo wow 😲😲😲
@charlesbutterfield3464
@charlesbutterfield3464 21 күн бұрын
We have too many Police Officers who commit serious crimes.
@johnhorton690
@johnhorton690 2 жыл бұрын
Whats is the laws on pre-emptive strike in Sheffield defence
@DrMildayan
@DrMildayan 2 жыл бұрын
Thank you for posting this. I’ve actually not watched this, as it makes me very angry how some police (and other people with responsibilities) are breaking the trust of the people they serve. I hope that these individuals are in the minority, but the number of incidents seem to suggest otherwise. I did have an idea for a possible video. Not sure if you are aware of the treatment that Alex Belfield has received from Nottinghamshire police, but a reaction video of his recently posted video would be interesting. Of course there is always more than one side to an incident.
@honestg
@honestg 2 жыл бұрын
Got stopped once by a 'plain clothes' cop in an unmarked car. Didn't identify himself as lawfully required (formal identification) so was very close to getting a 'Glesga kiss'. So happens, his exploits were in the local press - Not a Law enforcement officer. Pretty dangerous individual. Reported him and now well aware of 'Social compliance'. Would now need to be a 100% genuine reason if stopped and yeah, always record any interaction.
@Akomarongg
@Akomarongg 2 жыл бұрын
here's one for you; im walking down the street, headphones in so can't necessarily hear people around me (autistic btw), someone grabs my shoulder from behind. my first response is to strike for where their head should be straight away. i do so, give a bobby a bloody nose. is that officer now allowed to wail on me in return and thus escalate the situation, culminating in me defending myself fully because all i did was defend myself from unpermitted physical contact (remember, no one is allowed to touch you without your consent). tldr: i got potentially assaulted, gave piggy a bloody nose, he then gets upset because they're pretty much all egotistical napoleonites, starts trying to wail on me as a response. i then defend myself, because all i see is a cop that grabbed me and then started attacking me. i can guarantee that they would defend the pig.
@crayzmarc
@crayzmarc 2 жыл бұрын
Sounds really like a state of mind.
@anthonysicily5768
@anthonysicily5768 2 жыл бұрын
An excellent summary. Thank you 13 million views for a cat video and less than 13 thousand for this. Crazy world
@danewood2309
@danewood2309 2 жыл бұрын
Interesting video. A question for you , during the 'Poll tax ' protests we were on a peaceful March , with banners etc which then ended up at a carpark where we did a sit in ...the Police turned up and one of them used a megaphone and told us to disperse, we refused to, about 30 minutes later they sent in Riot Police to 'disperse' us , they hit us with shields and batons and my friend Paul was hit in the face twice (it was later found out that he had a broken nose and and cracked cheekbone), Paul grabbed the riot coppers arm and pulled himself up ....he hit the riot officer in the helmet 2 times and shoved him away....Paul was arrested and charged with assaulting an officer, when it came to Court it was stated that the officer had neck injuries , there was no accounting for Paul's injuries, he was sentenced and sent down . I believe this was self defence ...am I wrong ?
@63Baggies
@63Baggies 2 жыл бұрын
Good point.
@gray100
@gray100 Жыл бұрын
Yes you should always do as a cop says or face the kicking of your life...which you have to take without defending yourself.. 😂
@JIMBOOBEH
@JIMBOOBEH 2 жыл бұрын
What does it mean to take an oath to become a member of the bar?
@freemindthinkerezrapound5071
@freemindthinkerezrapound5071 2 жыл бұрын
After that cop that kidnapped raped and murdered that poor girl I can't see why anyone who feels physically threatened by suspect cops should not be able to deliver a swift kick in the nuts at the point of contact and sort it out later in a safe court of law
@tonyptah8868
@tonyptah8868 2 жыл бұрын
Once again thankyou for a great video. May I request a vdeo on what options are available when a group of youths are damaging your car or property. A small group hang around near my house and sometimes throw water bottles at the cars. I suspect this may soon escalate but I'm not sure what I can do. I suspect calling the police for a relatviely minor incident may result in a hour or more wait. If they ever turn based on past history. I don't know their parents and verbal confrontations only have a short term and limited affect. The olrder generation used to give kids a smack across the head or a "bloody good hiding" but I suspect this is now a can of worms?
@gazathegreat1
@gazathegreat1 2 жыл бұрын
That Katana in the background better be blunt. Mr Barriister ;)
@EnglishLaw
@EnglishLaw 2 жыл бұрын
A barrister that understands "Law" is rare. They have since the 1960s only been directed towards learning the "Legal" system which is not "Law."
@cromwellsghost3434
@cromwellsghost3434 Жыл бұрын
Collins v Walker. Remembered from university. She was found to be using self defence. She broke a cops nose. Cop failed to ID himself and approached her in the wrong manner. She thought she was being attacked, So tough luck in him.
@paulgray1318
@paulgray1318 2 жыл бұрын
I can't imagine being in a situation in which I would need to ever defend myself from the police. Though bodycams do help more than anything as a defence....I'd hope.
@tlangdon12
@tlangdon12 2 жыл бұрын
I can imagine a situation where you might need to defend someone else against the police. Freedom Fighter below mentions that the police can be observed using unnecessary force. But even observing the police using unnecessary force would not always require you to defend someone. Only if you see the police using so much unnecessary force as to endanger someone's life would it be necessary to step in and defend the person. You would have to think it to be your only and last resort, and you would, as the BlackBeltBarrister says, be allowed to use only the force necessary to stop the endangerment. Also bear in mind that shooting an armed criminal or terrorist is unlikely to be an unneccessary use of force. Defending yourself or others against the police is a risky business.
@NeilCWCampbell
@NeilCWCampbell 2 жыл бұрын
Body cams only work when they on
@63Baggies
@63Baggies 2 жыл бұрын
@@NeilCWCampbell There are a lot of units that either 'get damaged in scuffle' or simply become faulty.🙃
@moonshinepz
@moonshinepz 2 жыл бұрын
As a 63 year old, who has been through the university of life, just let them give you a kicking. You cannot beat the system. in the real world unless you can afford a barrister, and have a funny handshake and deep pockets just take a slapping and move on. Harsh but true.
@nasapayrollsystem8701
@nasapayrollsystem8701 Жыл бұрын
Are you suggesting, on this, of all channels, the Barristers are corrupt, and self serving , and have the ability to have their point of view swerved for individual financial gain? How interesting , then let's see if the Blackbelt Barrister defends himself on this point , by replying to you ., or .. by omission, proving you correct ..??? Hmm ..
@gteaz
@gteaz 2 жыл бұрын
Sarah Everard stood no chance in defending herself.
@Rose.Of.Hizaki
@Rose.Of.Hizaki 2 жыл бұрын
The thing is, any sort of thing that can be classed as resistance be it legitimate or not will see you get tased and handcuffed while on the floor before being thrown into the back of a van head first. Self defence is a really thin line that any police officer can mis-interpret and use a taser to take you down or subdue you if they think they are at risk of injury or you making a break for it on foot.
@russcattell955i
@russcattell955i 2 жыл бұрын
Black Belt Barrister, just a question off topic. Who is your fictional favourite Barrister, Rumpole of the Bailey or Kavanagh QC ? Thanks for the videos.
@gray100
@gray100 Жыл бұрын
You forgot to mention "some little scrote's mum! 😮
@lukeav6097
@lukeav6097 2 жыл бұрын
is this for UK or USA?
@b9y
@b9y 2 жыл бұрын
Now I'm wondering what classes as "reasonable?".
@Akomarongg
@Akomarongg 2 жыл бұрын
TLDR; you can use self defence against the police if 1) they are not blatantly police and haven't declared as much. 2) they are assaulting you without prior declaration as to the reason (the whole point of they could be a robber).
@Sameoldfitup
@Sameoldfitup 2 жыл бұрын
I wouldn't trust anyone that gives an oath of loyalty to the crown not the people
@Gollammeister
@Gollammeister Жыл бұрын
Anyone lays hands on my person without reasonable grounds I have every lawful right to reasonably defend protect myself Makes no difference to me whether it's a copper or anyone same rules apply you don't go laying hands on anyone without reasonable grounds legally speaking for doing so
@GR1FF1N80
@GR1FF1N80 2 жыл бұрын
Thank you for clarifying the points on self defence and reasonable and proportionate force. Certainly put my mind at ease as an ex-martial artist. I've also had this confirmed with a very good friend who is also a police officer and, as you put it, it depends on the circumstances as to how much force is needed.
@w3w3w3
@w3w3w3 2 жыл бұрын
lol I would watch what you say around your police officer friend...
@jamesmurphy7828
@jamesmurphy7828 Жыл бұрын
Then again though, what is reasonable force? That's always the hang up point.
@amethysttalon3507
@amethysttalon3507 2 жыл бұрын
If you are incorrectly arrested and suffer damages because of this (lost earnings, damage to reputation, etc) is there anything you can do against the police to be compensated?
@terencematthew1
@terencematthew1 2 жыл бұрын
If all the barristers and judges had your honest commitment the system could be fixed
@NicholasWoodley
@NicholasWoodley 2 жыл бұрын
Great video. So basically do as you are told and get representation as soon as possible.
@stevecosy
@stevecosy 2 жыл бұрын
Well said but the average man in the street is buggered as they can't afford representation so as usual the rich go free and the less well off go to prison.
@iain3482
@iain3482 2 жыл бұрын
@@stevecosy That's why legal aid exists for criminal cases.
@testpilotian3188
@testpilotian3188 2 жыл бұрын
@@iain3482 you can’t use legal aid to sue the police and the duty solicitor is only interested in self preservation, so they don’t like rocking the boat either and will generally advise you to plead guilty rather than advise you properly. A friends son got 3 years after following the advice to plead guilty rather than try to defend himself. Was told he’d be out later that day if he did, nobody told him the Judge decides sentencing, not the duty solicitor. His life is ruined now as a result of this.
@iain3482
@iain3482 2 жыл бұрын
@@testpilotian3188 we're not talking about suing the police. But even if we were, you can get legal aid for such an action, provided you qualify for it on financial grounds. You can check if you like - just go to the legal aid website. Even if you don't qualify for legal aid, there are dozens of law firms who offer no win, no fee agreements for suing the police. It's also nonsense to say that all duty solicitors are only interested in self preservation. Preserving themselves from what, exactly? What difference does rocking the boat make? The police aren't in charge of legal aid contracts, and it's not as if legal aid is lucrative. Legal aid work is pretty much the lowest paid work any solicitor can take. The vast majority of duty solicitors are conscientious and work hard for their clients. One bad experience (if the story is even accurate) isn't representative of everyone.
@stevecosy
@stevecosy 2 жыл бұрын
@@iain3482 And that's why me, amongst most of the working population gets denied legal aid except for the initial interview in a police cell with a solicitor who has no interest in helping but just keeping chummy with their police pals. We have to pay our way, if we can afford to so what I stated earlier is the case.
@TheSkunkyMonk
@TheSkunkyMonk 2 жыл бұрын
This happened to a friend that was running away, the officer fell and broke his wrist and my friend got a very nasty shock on his charge sheet.
@becky2235
@becky2235 2 жыл бұрын
What happened?
@robertwootton2161
@robertwootton2161 2 жыл бұрын
Obviously not running quite fast enough
@TheSkunkyMonk
@TheSkunkyMonk 2 жыл бұрын
pretty sure it was assault but we are talking two decades ago
@aVengefulGod
@aVengefulGod 2 жыл бұрын
In this country, if a copper wants to give you a good hiding, you're getting a good hiding.
@TheSadButMadLad
@TheSadButMadLad 2 жыл бұрын
One aspect of the use of force against the police is that of people panicking. During police training they are taught that not everyone will go calmly and willingly into the black maria. They are taught that sometimes people will be scared and could lash out. That's why they are trained in methods to hold people so that they don't lash out. If they fail to use these techniques to detain someone and that person is lashing out through sheer panic, then whilst it's not self defence, there is no intent to harm or resist arrest, just the primitive fight or flight emotions kicking in. So someone could be jailed for just being human.
@philflip1963
@philflip1963 Жыл бұрын
Well, this is very interesting since it indicates that counter to my assumption that; 'ignorance is no defense', in the cases cited it is clear that ignorance of the fact that a police officer was in fact performing his duty, (acting upon the assumption that such a titular incumbent was in fact acting illegally) is in fact not merely grounds for mitigation but in fact acquittal! I suggest that we can dispense with this apparent and most surprising deviation from general practice by simply stating that; 'If a 'police officer' fails to take appropriate measures to inform the subject of his actions that he is both a Police Officer, and the authority by which he is acting then he is not in fact acting as a Police Officer and no offense is committed. In short it is usually perfectly legal to beat up the pigs because they usually fail to take the above appropriate measures! Wearing a Police uniform is not necessarily in itself grounds for claiming that the wearer had made it clear that they were a Police Officer because as we all know uniformed officers still flout the law. As I said myself to a couple of criminals in police uniform, "There is more to being a Police Officer" than carrying a warrant card! (Titular incumbency does not sanctify the incumbents every act!) It's all quite, 'simples' really but in fact I had to explain all this to the piece of shit duty solicitor who tried to sell me down the river! BENT, BENT, THEY'RE ALL BENT! Always proceed upon an initial assumption that anyone in public office and especially if in a Police Uniform is an incompetent or a villain! UNLESS YOU ARE GIVEN REASON TO BELIEVE OTHERWISE!
@cjcox2211
@cjcox2211 2 жыл бұрын
It is not a complex question. It's a simple one, with the answer being yes.
@peterlabiak1051
@peterlabiak1051 2 жыл бұрын
And this is the biggest reason UK has such an unlawful and abusive Police Force. The number of cases where completely unjustified and grossly excessive force was used by the Police if frightening. What is even more scary is that even if a complaint is made is being dealt by body (IPCC) which despite having "independence" in the name not only has it nothing to do with being independent but is also run by the Police itself. In the last 10 years there was 600 assaults by serving police officers on women in UK. Thats what was recorded only...
@trevormillar1576
@trevormillar1576 Жыл бұрын
Interesting....would this defence have been available to Blair Peach? Or the Orgreave Miners?
@richardspillers6282
@richardspillers6282 Жыл бұрын
The fact that we have to ask when and how to this degree says a lot about our law enforcement.
@tagscientist
@tagscientist Жыл бұрын
So all I have to do is to get my mate to start screaming when he is arrested and I can go and beat up the copper?
@daveyoung445
@daveyoung445 Жыл бұрын
2:51 and already the first slight of hand.. Notice how in his final explanation of the 1861 act, he omitted the term "lawful" arrest.. If and when an officer acts outside his remit, all and any of his actions become illegal..and he has no more legal authority than any other individual..
@PINACI
@PINACI 2 жыл бұрын
My advice would be to NEVER resist an arrest, lawful or otherwise unless you fancy a face full of PAVA or 50,000 volts pumping through your veins and a charge for assaulting an emergency worker and just go with it, let them F**k up and deal with them in the civil courts later.
@chrisattwood9588
@chrisattwood9588 Жыл бұрын
The cop in the thumbnail can be excessive with me anytime 🤣
@Salty3439
@Salty3439 2 жыл бұрын
Very good
@koshvorlon8132
@koshvorlon8132 2 жыл бұрын
You can defend yourself against unreasonable and unlawful actions. Kenlin v Gardiner [1967] 1 510 Suspects stopped in the street In Kenlin v Gardiner [1967] 1 510 a police officer took hold of the arm of a boy who he wanted to question about the latter's suspicious conduct. The boy did not believe the man was a policeman, despite having been shown a warrant card, and punched the officer in order to escape. The other boy behaved similarly and their convictions for assaulting an officer in the execution of his duty were quashed by the Divisional Court. The court held that the boys were entitled to act as they did in self-defence as the officer's conduct in trying to physically apprehend them had not been legal.
@simonyoungglostog
@simonyoungglostog 2 жыл бұрын
Excellent review as always, thank you. As Police often patrol in pairs, I can imagine the situation of 1 constable behaving unlawfully, self-defence activity, the other constable defending their partner. The case you cite is a good example of where it is better to do something than be patient and sort it out later with a private prosecution.
@trevormillar1576
@trevormillar1576 Жыл бұрын
What happened to the "Naked Ballerina Law", a legal judgement where a judge ruled that a person has the right to resist an illegal arrest?
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