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billh58

(6,635 posts)
Tue May 23, 2017, 12:00 PM May 2017

Self Defense in the UK

There is a right-wing inspired piece of false information floating around the Internet, and being shouted out by Alex Jones that the United Kingdom has made self defense illegal. Nothing could be further from the truth, and the right-wing gun lobby is using the lie to sell more "self defense" lethal weapons in the USA.

The truth is that the UK has rejected the Florida-inspired stand-your-ground framework which allows vigilantism, and murder based on a statement of "I was in fear of ________ (fill in the blank). The UK legal system defines "reasonable force" the way the USA used to define it, before SYG legalized murder.

From The Crown Prosecution Service:

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, prosecutors 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?

The courts have indicated that both questions are to answered on the basis of the facts as the accused honestly believed them to be (R v Williams (G) 78 Cr App R 276), (R. v Oatbridge, 94 Cr App R 367).

https://www.cps.gov.uk/legal/s_to_u/self_defence/

There is also a duty to retreat provision in the UK law which is considered in the first question above (was there a need for force?).

Self defense is an inherent right to all citizens, but the right-wing gun lobby and ALEC use fear of phantom boogeymen to sell guns, and to enact SYG laws enabling armed bullies (Zimmerman) of our society to get away with murder.

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