Can I kick someone in the Balls
So here at LUPE Training we get asked a lot of questions, most of which tend to be what if questions. What if I do this? what if I do that?
Our aim is always to instil knowledge and confidence in all those that attend our courses so that they have the confidence to do their job safely and effectively without the fear of prosecution and losing their jobs.
So last week on one of our courses a delegate asked can I kick someone in the Balls if theyre pulling my hair?
After the shock had left me, not because we haven't heard these type of questions before, but it was the last person on the course that we expected to ask the question! I then proceeded to lead her to her own answer and empower her to make the decision herself.
So I asked her would it be necessary to kick them in the Balls?
Her reply was " yes as she felt the person would likely be bigger and stronger and potentially more violent then her".
OK so I then asked her did she feel that it would be proportionate to Kick the person in the Balls? What outcome are you trying to avoid?
Her reply was " well if he is pulling my hair he could injure my neck, tear my scalp and the assault could get worse if I don't stop it".
So I then asked if you feel it is necessary and proportionate, what would it be seen as?
" Reasonable Force!"
As the law stands, if you hurt someone while defending yourself, or while preventing a crime, you won’t be prosecuted. So long as you did what was Reasonable in the Circumstances.
The delegate then hesitated and asked but what if I have made a mistake and their intentions was not to hurt me but they were play fighting or just being boisterous?
Well then this would be a matter for honest held belief? What did you believe the situation was and how did it make you feel?
Again the general approach of the law is that it allows such force to be used as is reasonable in the circumstances as the defendant believes them to be, even if his belief was a mistaken one and (if so) even if his mistake was an unreasonable one.
This delegate went from a quiet and reserved individual at the start of the day who was worried that she would hurt someone when physically intervening. To leaving the course full of confidence to do her job and stay safe whilst doing it
If you want to know more about the legal use of force, or learn techniques that have been medically tested and legally assessed, please contact us.