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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to think that if you're cornered and hit someone, you're ok (in law)?

109 replies

JetTail · 24/04/2022 11:00

Is it justifiable?
As a means to escape?

OP posts:
TabithaTittlemouse · 24/04/2022 11:50

so a security guard stops you from leaving and you ask if it’s ok to hit him/her?

It’s really hard to advise on such little information but with the information you’ve provided, no it’s not it’s not a proportionate reaction.

SocksAndTheCity · 24/04/2022 11:50

Nobody here is your 'darling', and cunty responses to posters who are just trying to find out what happened so they can try to offer help don't exactly cover you in glory.

Your OP and subsequent posts are vague and give no context. You were detained by somebody - whom? Where? Why? Were you suspected of some misdemeanour? Mistaken identity? Was this a domestic situation or in your/their workplace?

5foot5 · 24/04/2022 11:52

Sorry just realised I misunderstood your thread title. When you said (in law) I thought you meant one of your DHs family had held you, hence my reference to other family members . Now I realise you were asking about the legal position. My bad.

Did you know this person at all?

SilverHairedCat · 24/04/2022 11:52

Right OP, you need to be a LOT more clear.

Were you being held captive by your abusive partner / relative or were you detained by security who were waiting for police to arrive? Or another scenario?

There is an enormous variation here on risk to you before you use physical assault to escape.

Law on self defence in the UK is very simple. Reasonable IN THE CIRCUMSTANCES. But you're too vague on the circumstances.

Have you been charged with a criminal offence?

ZebraInaTeapot · 24/04/2022 11:53

Where did this happen OP? A shop? A venue?
how did they approach you initially?

WeDontShutUpAboutBruno · 24/04/2022 11:53

This reply has been deleted

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What a shitty response.

You can't give very vague information and expect an answer.

Your attitude speaks volumes though.

ZebraInaTeapot · 24/04/2022 11:54

Was the person someone you know or a stranger or someone with a position of authority (eg security guard)

PonyPatter44 · 24/04/2022 11:54

Were you suspected of shoplifting and detained in a managers office? And then you pushed him/her to try and get out of the office?

The simple answer is, none of us know. If someone is buying drugs and the dealer holds them captive because theyve run up a massive debt, yes of course its a crime, and there are men serving hefty prison sentences for exactly that. If it was a security guard or a police officer who believed they had reason to detain you, then it is a lot less clear cut.

GeorgesMarvelousCalpol · 24/04/2022 11:58

Too many questions here to answer, which the op is unwilling to clarify.
How did you eventually escape?

ladydimitrescu · 24/04/2022 11:59

You're being way too vague for anyone to be able to help you.
Try saying what happened.

JetTail · 24/04/2022 11:59

PonyPatter44 · 24/04/2022 11:54

Were you suspected of shoplifting and detained in a managers office? And then you pushed him/her to try and get out of the office?

The simple answer is, none of us know. If someone is buying drugs and the dealer holds them captive because theyve run up a massive debt, yes of course its a crime, and there are men serving hefty prison sentences for exactly that. If it was a security guard or a police officer who believed they had reason to detain you, then it is a lot less clear cut.

NO and no in answer to your questions.
I didn't hit or attempt anything but I need to go back to this place today and I'm afraid of the same thing happening.
And thanks for not being a **88

OP posts:
JetTail · 24/04/2022 12:01

GeorgesMarvelousCalpol · 24/04/2022 11:58

Too many questions here to answer, which the op is unwilling to clarify.
How did you eventually escape?

It's not vague
Has anyone outside of police the power to hold you anywhere against your will when no suspicion of crime is even being considered?

OP posts:
JetTail · 24/04/2022 12:02

Legally, who other than a police officer would be allowed to prevent you from leaving somewhere?

OP posts:
JetTail · 24/04/2022 12:02

And before you ask, no I'm not in Belmarsh and I'm not talking about prison officers either lol.

OP posts:
sweeneytoddsrazor · 24/04/2022 12:05

Well as you are being very cagey about everything nobody can advise you properly. Take someone with you if you are worried

Momicrone · 24/04/2022 12:05

What the hell are you talking about, just be clear

NippyWoowoo · 24/04/2022 12:07

This reply has been deleted

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You’re coming across as rather aggressive, OP. Sorry, darling

User12398712 · 24/04/2022 12:08

Lots of people have powers to arrest or detain. You need to be more specific about who has stopped you and what jurisdiction - even in the UK, England and Wales can have different laws that Scotland and Northern Ireland.

FOJN · 24/04/2022 12:08

It's difficult to offer appropriate advice with limited detail.

If you were prevented from leaving somewhere by someone with no authority to detain you I would think the use of physical force to escape would be reasonable on the grounds that you were fearful about what they might do to you. I think the defence would hold less water if you voluntarily return to the place you were detained.

It probably would have been better to report it to the police at the time.

AchillesPoirot · 24/04/2022 12:08

No one can advise you without more information.

TabithaTittlemouse · 24/04/2022 12:08

JetTail · 24/04/2022 12:02

Legally, who other than a police officer would be allowed to prevent you from leaving somewhere?

You can be held under the mental health act by a doctor, section 5(2)or nurse, section 5(4) if they believe that you are a danger to yourself or others until you can be assessed.

(obviously it’s a lot more complicated than just telling you that you can’t leave but if you were unwell enough to be held under the mental health act you may not fully understand what was happening or why).

MilkTwoSugarsThanks · 24/04/2022 12:09

Can you tell us who prevented you from leaving JetTail?

It might give a clue as to why they did that and what course you could have reasonably taken.

FOJN · 24/04/2022 12:10

Were they attempting to detain you under the mental health act?

Loopytiles · 24/04/2022 12:10

Not enough info.

Weird to go back somewhere you think you were physically prevented from leaving and detained against your will!

HalfShrunkMoreToGo · 24/04/2022 12:12

Scenarios where it would be reasonable to prevent you leaving:

  • at doctors/hospital etc and they are concerned for your state of mind and considering sectioning following assessment
  • suspected of committing a crime and awaiting police

Scenarios where it would be considered self defence if you hit/shoved them to be able to leave

  • domestic abuse
  • at work and manager refusing to allow you to leave the room

Does your scenario fall into anything like the above?

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