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JUDO AND THE LAW
The Criminal Law Act 1967


Section 3 of The Criminal Law Act 1967 states that "a person may use such force as is reasonable in the circumstances in the prevention of crime or in the effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large." This then allows for reasonable force to be used in self – defence.

Common Law - use of force

If you have an honestly held belief that you or another are in imminent danger, then you may use such force that is reasonable and necessary to avert that danger. The high ranking judge, Lord Griffith in applying the use of force to the question of self-defence said... "The common law has always recognised as one of these circumstances the right of a person to protect himself from attack and to act in defence of others if necessary to inflict violence on another in so doing. If no more force is used than is reasonable to repel the attack, such force is not unlawful and no crime is committed. Furthermore, a man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot, circumstances may justify a pre-emptive strike."

Human Rights Act 1998 - Schedule 1

The use of force is covered by Article 2, Sub-Article 2 of Schedule 1 of the Human Rights Act 1998 in relation to the right to life. The use of force, which is no more than absolutely necessary in the defence of any person from unlawful violence. It is vitally important that a student of Judo understand their responsibilities to the public, themselves and their families.

Reasonable force

It is essential that the first action of the person defending themselves is to demonstrate that they do not want to fight. They must try to defuse the situation or best of all find an escape route. The best way to defend oneself is not to fight at all but to walk away from the trouble. It is possible to step back raise your hands ( open with the palms facing forward ) and say NO I don’t want trouble, please let me go. Let us assume this has not worked and you now believe that an attack is imminent. At this point you are probably justified in defending yourself by striking, kicking or throwing the aggressor, however once your personal safety is no longer threatened you must not become the aggressor and continue the attacks. This would be considered beyond what is reasonable. It is now time to walk away!

It is often assumed that because you are a trained martial artist you can deal with any situation and therefore you must not make the first move. However life is not this clear cut. As mentioned previously, it is expected that the defender will attempt to defuse the situation or walk away but if this fails a pre-emptive strike may be used but again only enough force should be used to defend yourself.