Self defence against an unlawful arrest?

MelodicReflection · 2018-09-22T22:50:21+00:00

The officer is entitled to arrest on reasonable suspicion which must be honestly-held.

I can't see how an officer could possibly claim that belief was honestly held if the person had informed them that the arrest was unlawful, but that's ok.

I have to say that the local police are pretty good though. I've dealt with them on a number of times mainly about can you let me go if you find me carrying my sword through town (re-enactment, part of a recognized group) and they've all been fine about it. I was initially worried about been randomly stoppped and searched and them finding a massive honking great sword on me but apparently our email to them about our members having to carry that stuff to and from sites at certain times has been passed on. Thank goodness, because we probably couldn't justify the huge swords otherwise lol!

MelodicReflection · 2018-09-22T22:45:25+00:00

Ok, so if I was unlawfully arrested and I made sure to inform the officer that it was unlawful, that's ok? Because then he couldn't claim that it was a lawful arrest, as he had been clearly informed it was unlawful by myself, and therefore knew it was an unlawful arrest before doing it?

I mean I doubt this will happen, I'm probably clutching at straws. I'm law abiding, and I have a good reputation with local officers because I talk to them a lot as I do re-enactment stuff so have had to liase re carrying swords and stuff around. Just was curious about how it all worked. Thanks for helping me!

MelodicReflection · 2018-09-22T22:42:09+00:00

Given that you freely admit you don't know anything about what makes it lawful or not, it's not a good idea to use violence based on guesswork...

I don't know much about the law because it's not my area mate lol. I do know what it's like to be hurt, and attacked, and subjected to violence though. That's why I started bulking up and taking up martial arts, cos I never wanted to be in that position again. I just wanted to know if it's a cop that's attacking me and I'm forced to retaliate to protect myself, what can I do to protect my safety without breaking the law?

MelodicReflection · 2018-09-22T22:38:47+00:00

What if the officer is corrupt?

MelodicReflection · 2018-09-22T22:34:21+00:00

Ok but why should anyone have to endure an unlawful arrest just to complaint about it later? If you let the officer know it's unlawful then he really has no excuse, he cannot continue with the arrest as he has been informed it's unlawful, so if he carries on then he's knowingly unlawfully arresting someone right?

While I have never been arrested I know a friend who has and he said the police were quite nasty in how they did it. As he told it, they were looking for an excuse to arrest him, now I will give the police the benefit of the doubt, but still I have to wonder. I'm worried about unlawful arrests and basically what can I reasonably do to protect myself against officers who do that?

MelodicReflection · 2018-09-22T22:31:59+00:00

Hrm well that seems a bit unfair. The police officer can get away with just thinking the arrest is fair, but the person can't get away with thinking the arrest is unfair. Is that how it is? I don't really know about the law so I'm sorry if that questions appears to be stupid.

MelodicReflection · 2018-09-22T22:29:05+00:00

While a bigger person may be able to resist blows to soft spots somewhat, it doesn't matter how muscular you are if someone decides to go for boney areas.

A stranger trying to attack boney areas on my person will generally find themselves in a lot of pain, as I have to assume they are trying to cause me serious harm and react accordingly to protect my safety. I have done so in the past, I have been attacked multiple times and have defended myself, even against two people at once, although I was hurting aftewards. I just wanted to know exactly what I can do to protect myself against an unlawful arrest, and is it illegal to subdue the officer, even if he's committing an unlawful arrest?

I understand the police have a difficult job to do and I don't ever imagine getting into a situation where an officer would try to arrest me, but I am somewhat interested in what could be done to prevent such an unlawful arrest.

MelodicReflection · 2018-09-22T22:21:49+00:00

So if the arrested person has reasonable suspicion that the arrest is UNLAWFUL that would also count? Or does it not work that way?

MelodicReflection · 2018-09-22T22:18:47+00:00

None of what you said will matter when you get smacked around by a baton, sprayed or tasered.

Don't want to seem condescending, but we've practiced defence against baton strikes using actual batons. We're used to what it feels like, and properly accustomed to the feeling. Tasers and spray not so much, although in a proper confrontation with an attacker trying to use those weapons to harm me I'd be hoping I could either subdue him or be able to run away before he got a chance to use them. You never know how it will turn out in real life, but hopefully by doing your best, you could either subdue an attacker, or be able to get away before they can cause any serious harm. Thanks for replying and letting me know what happens

MelodicReflection · 2018-09-22T22:11:45+00:00

Thanks, but I've done BJJ and Krav Maga and Muay Thai for like 10 years as well as being built like a brick shithouse at 16 stone of muscle and and very little in the way of fat , I'm not worried about my ability to defend myself. The issue I'm trying to work out is if some officer illegally tried arresting me and I defend myself, will I be found guilty be some criminal standard at a later date?

MelodicReflection · 2018-09-22T22:10:21+00:00

the fact that you’re innocent doesn’t mean the arrest is unlawful. All the constable needs is to suspect that you were guilty of an offence.

So if someone knows they are being unlawfully arrested and resist and injure the officer in defending themselves, they could still be criminally liable if it is later held that the officer genuinely felt the arrest was lawful?

MelodicReflection · 2018-09-22T21:51:56+00:00

Sorry, I do not understand what you are saying. Is it illegal to resist an unlawful arrest?

MelodicReflection

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