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Mark Field: What is the law on tackling intruders? | Mark Field: What is the law on tackling intruders? |
(32 minutes later) | |
Mark Field has been suspended as a Foreign Office minister after a video showed him grabbing a Greenpeace protester at a black tie dinner. But what does the law say on tackling intruders? | |
The "worst-case scenario" for someone tackling an intruder like this would be a common assault allegation, says Colin Rawson, a partner at Stephensons Solicitors. | The "worst-case scenario" for someone tackling an intruder like this would be a common assault allegation, says Colin Rawson, a partner at Stephensons Solicitors. |
"It's the lowest level of assault, where effectively there's little or no injury," he says. | "It's the lowest level of assault, where effectively there's little or no injury," he says. |
Janet Barker, the protester who was confronted by Mr Field, says she does not intend to complain to police. | |
City of London Police said they were looking into "a number of third-party reports of a possible assault". | |
Legal experts say there are a number of defences which could justify a physical altercation with an intruder. | |
Police and the Crown Prosecution Service also have to determine whether a prosecution is in the public interest and whether there is a reasonable prospect of a conviction. | Police and the Crown Prosecution Service also have to determine whether a prosecution is in the public interest and whether there is a reasonable prospect of a conviction. |
When can you use force to tackle an intruder? | When can you use force to tackle an intruder? |
Under the Criminal Justice and Immigration Act 2008, people can use "reasonable force" in self-defence, to defend someone else, to prevent a crime or to assist in the arrest of someone. | Under the Criminal Justice and Immigration Act 2008, people can use "reasonable force" in self-defence, to defend someone else, to prevent a crime or to assist in the arrest of someone. |
The law says you do not have to wait until someone is attacked: Fear of attack or fear that someone else could be attacked may be sufficient. | The law says you do not have to wait until someone is attacked: Fear of attack or fear that someone else could be attacked may be sufficient. |
"There doesn't have to be an actual assault," says Mr Rawson. | "There doesn't have to be an actual assault," says Mr Rawson. |
Mr Field says he acted "instinctively" and was "genuinely" worried that the protester might be armed. | Mr Field says he acted "instinctively" and was "genuinely" worried that the protester might be armed. |
It does not matter that he proved to be incorrect about that threat, says Eric Baskind, a law lecturer at Liverpool John Moores University who has been an expert witness in self-defence cases. | It does not matter that he proved to be incorrect about that threat, says Eric Baskind, a law lecturer at Liverpool John Moores University who has been an expert witness in self-defence cases. |
"It is to be taken on the basis of the information that he's got, even if he has made a mistake in fact," he says. | "It is to be taken on the basis of the information that he's got, even if he has made a mistake in fact," he says. |
What is reasonable force? | What is reasonable force? |
Mr Rawson said there may still be questions about the level of force applied. | Mr Rawson said there may still be questions about the level of force applied. |
"I would think it's the grabbing around the neck which is the most concerning part for the MP," he says. | "I would think it's the grabbing around the neck which is the most concerning part for the MP," he says. |
How much force is reasonable comes down to the circumstances of each case. | How much force is reasonable comes down to the circumstances of each case. |
But Mr Baskind says the law explicitly acknowledges that people may not be able to weigh up exactly the right level of force in the heat of the moment. | But Mr Baskind says the law explicitly acknowledges that people may not be able to weigh up exactly the right level of force in the heat of the moment. |
It says if a person only does what they think is "honestly and instinctively" necessary for self-defence, that is "strong evidence" for the force being reasonable. | It says if a person only does what they think is "honestly and instinctively" necessary for self-defence, that is "strong evidence" for the force being reasonable. |
Mr Baskind says he would have been surprised if charges had been brought against the MP. | Mr Baskind says he would have been surprised if charges had been brought against the MP. |
"If this was you or me, it was clearly within the realms of what a person may do. No question." | "If this was you or me, it was clearly within the realms of what a person may do. No question." |
What about security at the event? | What about security at the event? |
Security guards have no more powers to use force than ordinary members of the public. | Security guards have no more powers to use force than ordinary members of the public. |
In practice, Mr Baskind says security professionals may be judged by a higher standard because of their training. | In practice, Mr Baskind says security professionals may be judged by a higher standard because of their training. |
"The rights are the same, but whether the actions are reasonable will be determined by all of the circumstances, including a person's training," he says. | "The rights are the same, but whether the actions are reasonable will be determined by all of the circumstances, including a person's training," he says. |
What about defending your own property? | What about defending your own property? |
Different laws were introduced in "householder cases" after the controversial prosecution of farmer Tony Martin for shooting dead a burglar at his Norfolk home. | Different laws were introduced in "householder cases" after the controversial prosecution of farmer Tony Martin for shooting dead a burglar at his Norfolk home. |
Mr Baskind says courts may now decide that people in their own homes are allowed to use "disproportionate" force, as long as it is not "grossly disproportionate". | Mr Baskind says courts may now decide that people in their own homes are allowed to use "disproportionate" force, as long as it is not "grossly disproportionate". |
"You can imagine being in bed at night in a state of undress, you've probably got a wife or a husband or other relatives or children," he says. | "You can imagine being in bed at night in a state of undress, you've probably got a wife or a husband or other relatives or children," he says. |
"The court will recognise that what might be reasonable in those circumstances will be different." | "The court will recognise that what might be reasonable in those circumstances will be different." |
But because the Greenpeace protesters were not entering a private home, that law would not have applied. | But because the Greenpeace protesters were not entering a private home, that law would not have applied. |
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