Understanding Reasonable Force

There is a lot of subjective advice given out by well meaning individuals as to what they think Reasonable Force means, and many law-abiding citizens accept this advice, sometimes without question. However, much of the advice given is negative in it's content. It tells us what we can't do - not necessarily what we can. 

These are rights, granted to us by statute, enshrined by our common law and enforced by Human Rights legislation. This book explores those rights fully. It is a liberating book that informs us of what our rights are, and tells us what we can do as opposed to purely what we can't, which is consistent with the state of mind all human beings need to possess if they are to function responsively in a democratic society.

As one of the few Expert Witnesses on the issue of Reasonable Force in the UK Mark provides reports and testimony for Court, and was recently engaged as an Expert Witness for the defence in a manslaughter case involving the death of a person during restraint. He has also been involved in various court cases, tribunals and hearings where his expert opinion has been sought in cases where physical force has been used.

As a Consultant Trainer over the years he has provided training to many thousands of individuals including: Social Services staff, Courtroom staff, Local Authority staff, Healthcare staff, Transport companies, Pharmaceutical companies, Security organisations and Military personnel.

Published by Derwent press. ISBN 1-84667-012-8

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Chapter 1: How it All Started
An overview of how Mark, over 20 years ago, was approached by the police to run self-defence courses in his local area, and how a woman's question and a police officer's answer set him on a defined purpose to find the meaning of Reasonable Force.

Chapter 2: A Historical Review of the Law in relation to Reasonable Force
A look back over 150 years at some the first theories and doctrines of reasonable force and how those findings have developed into our common law judgements and criminal law statutes today, which in turn have had a bearing on such high profile modern-day cases such as that of Tony Martin, the Norfolk farmer convicted for killing a burglar.

Chapter 3: The current Law in relation to self-defence.
A review of what our current law provides drawing reference to Section 3(1) of the Criminal Law Act 1967. This chapter also illustrates how the writings of law are interpreted allowing the reader to extrapolate a working doctrine of the fundamental ingredients that make up Reasonable Force. The chapter also looks at the meaning of the statements: 'minimum force' and 'least restrictive physical intervention', and the possible inference of the interpretation of these statements, the implications in training programmes and policy documents, and the operational paradox of how such statements, that are designed to reduce risk, may actually be increasing risk and liability!! The chapter also includes an overview of what our lawful excuses are in terms of when we may and may not use force, and possibly even when we must.

Chapter 4: The Human Rights Act 1998
An overview of the Human Rights Act and how public authorities (direct and quasi) are obliged to ensure compliance with the Act and it's various Articles in relation to, and with due regard for, the protected rights of the individual. The chapter also covers the positive obligation imposed on all public authorities to take positive steps to protect and promote the right to life, what that means, and how that obligation should be implemented in terms of an organisation's rules, regulations, policies and procedures etc, drawing reference to various case law precedents to illustrate these statutory obligations.

Chapter 5: Defences to charges of assault
This chapter covers some of the more general defences that are available to all law-abiding citizens of the UK with regard to the use of reasonable force for our defence or the defence of others, including some of the Crown Prosecution Services Charging Standards.

Chapter 6: Health & Safety & Duty of Care
This chapter focuses on what the health and safety implications are for employers when expecting staff to exercise their individual lawful rights and restrictions with regard to using physical force as part of their employed role, whilst addressing why an individuals rights, provided by and contained in statute and common law, cannot be removed or substituted by any company or organisational departmental policy. It also gives explanations of the interpretations of the wording found in Health and Safety statute and the various regulations, as well as illustrating the hierarchy of control that should be adopted when managing the use of physical force within organisations as part of an employed member of staff's contract of employment. It also includes what the regulations state and require with regard to companies managing the exposure to staff from 'serious and imminent danger' and also how recent changes in the law have now made organisations, and their departmental management, more liable where risk assessments have not been undertaken when required by law.

Chapter 7: The financial costs of negligent liability
This chapter includes information on how some companies attempt to reduce risk by the use of sub-contracted staff, which, paradoxically, can, and does, increase the risk and liability in certain situations. It also includes case law examples of payouts made for acts of negligence, and what we should all be aware of when considering signing up of certain 'Codes of Practice' in an attempt to promote best practice.