Bus driver sacked OMG

I'd already provided you with the CPS guidelines which are included in your House of Commons briefing. Almost all of the briefing is focused on the use of force for self defence against a home intruder.
Which is irrelevant on this occasion.
There is only a small (and relevant) section that you have not quoted. The section titled Use of Force against Those Committing Crime.
Which is relevant on this occasion.

The common law right of Self Defence against a personal attack is different from the Statutory right in the Criminal Law Act 1967. Hence when you post about reasonable force as it relates to self defence you are referring to the "wrong law".
It is the relevant law, if the driver is to be believed.
 
meaningless waffle
hence - self defence - wrong law.
What do you mean hence 'self defence wrong law'? Self defence is not a 'law', nor have I mentioned it. Please explain?

I will say again - 'reasonable force' however is applied and defined across UK law in general, and is what I have been arguing about since you got it all wrong in the last thread.
Here is a reminder of why you shouldn't pursue someone with a weapon, after a threat has passed........

The Criminal Law Act 1967 does not give you a blanket right to chase a fleeing suspect with a weapon. While Section 3 of the Act allows for the use of "reasonable force" to prevent crime or make a lawful arrest, using a weapon against a fleeing person is extremely likely to be deemed disproportionate, excessive, and illegal.
The Legal Position (Criminal Law Act 1967)

  • Reasonable Force Only: Section 3(1) states: "A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders...".
  • Proportionality is Key: The force used must match the threat. If a suspect is running away, they are generally not an immediate threat to you or others. Chasing them with a weapon implies a desire to harm or punish (revenge), rather than to stop a crime.
  • Grossly Disproportionate Force: If you chase a suspect and use a weapon—especially if you cause serious injury—it will almost certainly be considered "grossly disproportionate," and you may face criminal charges, including wounding or assault, regardless of the fact that they stole from you.
What if I chase them as they run off?
This situation is different as you are no longer acting in self-defence and so the same degree of force may not be reasonable. However, you are still allowed to use reasonable force to recover your property and make a citizen's arrest. You should consider your own safety and, for example, whether the police have been called. A rugby tackle or a single blow would probably be reasonable. Acting out of malice and revenge with the intent of inflicting punishment through injury or death would not.


Chasing a fleeing suspect with a weapon and subsequently using it is highly likely to be considered malice, revenge, or retaliation rather than self-defence in legal terms, particularly if the initial threat has passed.
(Source - CPS)
 
What is a common law? Make some sense.
law established through decided cases and custom, rather than specified in statute. The statute in question specifically states the common law rights are replaced. That is because at the time, common law had not established the right to strike first in self defence, making it difficult to use force to stop a crime.
 
it is a common law

whereas:

is statute
And? It is just a meaningless statement


This however...
Here is a reminder of why you shouldn't pursue someone with a weapon, after a threat has passed........

The Criminal Law Act 1967 does not give you a blanket right to chase a fleeing suspect with a weapon. While Section 3 of the Act allows for the use of "reasonable force" to prevent crime or make a lawful arrest, using a weapon against a fleeing person is extremely likely to be deemed disproportionate, excessive, and illegal.
The Legal Position (Criminal Law Act 1967)

  • Reasonable Force Only: Section 3(1) states: "A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders...".
  • Proportionality is Key: The force used must match the threat. If a suspect is running away, they are generally not an immediate threat to you or others. Chasing them with a weapon implies a desire to harm or punish (revenge), rather than to stop a crime.
  • Grossly Disproportionate Force: If you chase a suspect and use a weapon—especially if you cause serious injury—it will almost certainly be considered "grossly disproportionate," and you may face criminal charges, including wounding or assault, regardless of the fact that they stole from you.
What if I chase them as they run off?
This situation is different as you are no longer acting in self-defence and so the same degree of force may not be reasonable. However, you are still allowed to use reasonable force to recover your property and make a citizen's arrest. You should consider your own safety and, for example, whether the police have been called. A rugby tackle or a single blow would probably be reasonable. Acting out of malice and revenge with the intent of inflicting punishment through injury or death would not.


Chasing a fleeing suspect with a weapon and subsequently using it is highly likely to be considered malice, revenge, or retaliation rather than self-defence in legal terms, particularly if the initial threat has passed.
(Source - CPS)
 
If you have a complaint about me, you can either address your concerns to the mods or Admin. or you can address them directly to me.
A nebulous reference to some mythical person is hardly an example of good behaviour of a serious complainant.
Judging by your numerous references to hordes of immigrants, I think you lack the courage of your convictions to complain about, or to, a genuine person. Is it because thay are able to respond?
Trouble sleeping last night? :LOL:
 
Back
Top