There's more to it than the story shows. Any citizen is allowed to use "reasonable force" to detain suspects. From the
CPS website:
Quote:
A person may use such force as is reasonable in the circumstances for the purposes of:- self-defence; or
- defence of another; or
- defence of property; or
- prevention of crime; or
- lawful arrest.
In assessing the reasonableness of the force used, prosecutors should ask two questions:- was the use of force justified in the circumstances, i.e. was there a need for any force at all? and
- was the force used excessive in the circumstances?
The courts have indicated that both questions are to answered on the basis of the facts as the accused honestly believed them to be (R v Williams (G) 78 Cr. App R 276, R v Oatbridge, 94 Cr App R 367 and <Archbold 19-49>).
To that extent it is a subjective test. There is, however, an objective element to the test. The jury must then go on to ask themselves whether, on the basis of the facts as the accused believed them to be, a reasonable person would regard the force used as reasonable or excessive.
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