- The state owns the monopoly on violence
Not quite accurate.
Under English/Welsh law the following applies:
1. "If you have an honestly held belief that you or another are in imminent danger, you may use such force as is reasonable in the circumstances to avert that danger".
- Common Law right of self defence
2. "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 or of persons unlawfully at large".
- s3 Criminal law Act 1967
Both these laws apply to everyone, not just police etc. ( When interpreting law be aware that it might not actually say what you think it does - they are written in legal technobabble, not everyday English ).
Under 1 the force must only be for the purposes of self defence for yourself or somebody else, not for defending property. Once the threat has gone the force must stop. Number 2 above is what justifies use of some force to prevent crime on your property. Using force for any other purposes is illegal*, so revenge/retaliation/punishment is illegal. It is possible that you may legally use force to detain somebody but when they attack you, the first part then applies as well.
If you are unlawfully trying to detain somebody and they resist, as long as they are reasonable then you are in the wrong and they are just lawfully resisting an assault! So before you do something, make sure you are in the right!!!!!!
(*exceptions for certain legally defined persons in specific situations, eg police officer carrying out a lawful search.)
Both parts talk about "reasonable" force ( not "minimum", please note). It is not the person who uses the force who decides what is reasonable but a court of law.
Brief examples to illustrate the points:
1. You catch somebody breaking into your shed. They run off but you chase after them and give them a good kicking.
Morally, they might or might not deserve it depending on your interpretation of morals. Legally you are guilty of an assault because the purpose of the force is not to protect yourself or to prevent crime or to arrest the offender, but to punish them. The state reserves this right and you might well serve time in prison, depending on factors such as the level of injury received and any past criminal history you may have. Not much in the way of grey areas here.
2. You catch somebody breaking into your shed and you try to detain them for the police to deal with. A struggle takes place with them using force to attempt to escape and you using force to try and stop them.
The aim of the force is to arrest a suspected offender, so as long as the arrest is lawful, the use of reasonable force is legal. The arrest or attempted arrest HAS to be lawful. An honest error by you resulting in trying to arrest an innocent person can get you into a lot of trouble. This is a subject in itself requiring more detail to explain fully.
These examples are very simplistic - real life is much more complicated.
A couple of extra points to bear in mind:-
Just because it is legal to do something it does not necessarily mean it is sensible or wise to do it. Eg if you are in your seventies with a heart condition and you tackle a twenty year old, you are likely to end up lying on the floor turning a bad colour. Is that worth it?
Secondly, this whole concept of what is or is not reasonable force is a huge complicated subject. It is difficult to bear in mind in the heat of the moment. Once you decide to use force the other party is quite likely to reply, or up their level if already using some. If you underdo the level of force you get a good hiding. If you overdo it ( or are suspected of doing so), expect to find yourself standing in the dock.
A court will take into acount a number of factors when deciding whether or not force was reasonable. These include but are not limited to:
level of threat presented
any weapons involved
number of people involved
age/health/size limitations etc of people involved
any special skills/knowledge of person using force ( eg black belt judo)
DISCLAIMER:
All the above is not enough if you are accused of using excessive force - get a lawyer. it is only presented as food for thought not as a basis for making legal decisions.
If you think because you are innocent you don't need a lawyer - WRONG - you need a lawyer more than ever.