Keep your wits about you

 

I have been a police officer in London for 25 years, I have also recently graded to Shodan and have been asked a number of times by fellow karate-ka “ how far are you allowed to go in self-defence?”. I would like to try to explain to you how people can go too far, end up being arrested and found guilty at court. But before I address that issue I want to offer a few of my personal suggestions, based on the experience of my career, for people to avoid trouble in the first place. 

 

It has often been said that the best form of defence is to attack. If you have been cornered and cannot escape without a fight then I would have to agree with this – a pre-emptive strike could be justified. Apart from that though, I would have to disagree.

 

What needs to be looked at is that for a situation to develop where you may need to use self-defence, you may have unnecessarily put yourself in that position and I would say the best form of self defence is to avoid the situation in the first place.

 

To enable yourself to avoid a potentially lethal situation, consider the following advice:

 

Heighten your awareness of what is going on around you, at all times. Use your eyes and ears to spot the signs of trouble at the earliest stage. Many victims literally walk into trouble because they are completely unaware of what is going on around them, or trouble finds them because they have been daydreaming and have not acknowledged the warning signs.

 

If you are walking along a street try to look as far ahead of you as possible, much as a car driver is taught to scan the road ahead for signs of danger, you should do likewise.

Don’t just concentrate on what is just in front; be aware of who may behind you. Look behind you, and check regularly, particularly if it appears there are no other pedestrians around.

 

Listening to music on headphones while walking or jogging, or chatting on a mobile phone are a green light to a mugger. You will not be aware of who is around until it is too late. If you use a mobile in the street, stand still, with your back to a wall and keep looking around you. If listening to music keep one earphone out, even traffic noise can be dangerously missed if you have both earphones in.

 

Use all your senses; if you are walking along late at night in a quiet area, and no one is around, the sudden whiff of cigarette smoke could alert you to someone lurking in the shadows, or the glow of a cigarette tip may give it away. Similarly the smell of aftershave may give away someone loitering.

 

Take early evasive action. If you spot what could be trouble ahead, cross the road, or double-back and take a side street. Even consider going into a shop until the problem has passed by. But do this before the troublemakers realise what you have done. Even if you have misread the situation what have you lost, nothing- except maybe a couple of minutes added to your journey. ( You might even find something worth buying in the shop while you wait, but that is no excuse to hang around outside Ann Summers !)

 

Walk with confidence, walk tall, and try to look self-assured without looking cocky. Being cocky will only present a challenge to someone of the same attitude.

If you create the appearance of someone who is in control, this in itself can deter a would-be attacker. A good karate-ka has an inner calm that alters their body language. As an example, next time you perform kumite in the dojo notice how composed the Senseis are when they line up to fight. That appearance can be all it takes to put off an opponent. It puts me off every time!

 

If you cannot avoid the person or a confrontation, start working out a plan in your head as soon as you detect danger. Use your observation skills to see just what is the threat. Can you see a weapon?  If so just get away, straightaway. A dead hero stays dead, it’s not worth the risk.

 

If you are carrying a bag, move it to your weaker side as soon as you can. This will free up your stronger side for a better block or a strike. Use the bag for cover, to block their attack, use it to cover your vulnerable areas such as the groin.

Be prepared to throw the bag into the face of the attacker as a distraction to aid your escape, or as part of a pre-emptive strike. Think about your best technique and how you could use it. If you do use it, use it well, and don’t forget a strong kiai. But always try to avoid creating the impression that you are the aggressor.

 

Consider your vulnerabilities. Fashion can seriously restrict your ability to defend yourself. Walking around in unlaced trainers means they will fall off and trip you if you run, or if you try to kick. Wearing saggy jeans will restrict your ability to lift your knees for a kick, or will slow you down if you try to run. A hooded top will restrict your peripheral vision so you may not see an attacker approaching you.

 

But these things can work for you if your attacker is a fashion victim, and you are alert enough to take advantage of this. A would-be attacker wearing unlaced trainers will probably not be able to chase you. If they have baggy jeans they may be slowed down. If they have a hooded top you could get a strike in from the side more easily.

Look for their weaknesses and seek to exploit them to your advantage, but be aware of your weaknesses and tailor your escape plans with them in mind. For example, if you attacker is wearing a puffa jacket your body punches may not have the desired effect on them so don’t punch to the body; choose your target with thought and focus.

 

 

However, if you cannot get away, if talking to that person does not work, and they are intent on a fight, you may have to fight your way out. It is only here where the best form of defence is attack. This is the legal minefield that I hope to now guide you through.

 

 

 

 

 

 

The following advice is specific to the legal system in England and Wales, and I have tried to keep it simple.

 

It is a well-established principle of Common Law in England and Wales that a person may use reasonable force to defend himself or herself against attack, but they may only do what is REASONABLY necessary in the circumstances. You must not  use more force than is necessary.

 

If for instance a person punches you, then walks off so there is unlikely to be another attack on you, you are not legally justified in chasing after them to punch them back. This crosses into the realms of exacting revenge, or dishing out punishment. It is the job of the Court to meet out punishment. Certainly that person has committed a crime, and can be arrested for it, so call the police.

 

If that person punches you and you genuinely believe he ( or she) is going to carry on attacking you, you are entitled to hit back. But, if your first punch or kick stops them, you too must stop. If you carry on after they have stopped you have gone beyond what is reasonable and necessary to stop the attacker.

 

If after you hit back the attacker carries on, you are entitled to defend yourself but only using as much force as is reasonably necessary. If they stop, by law so must you or you too could be arrested. Remember, you are hitting back in self-defence, to protect yourself from further harm. If further harm is not coming, you must stop.

 

A point to note is that the courts accept that in punching someone in self defence you cannot be accused of punching too hard because most people cannot vary the strength of their punches or blocks. In karate we train to deliver punches, kicks and blocks at maximum power. Do not think about reducing the power or you will reduce the effectiveness of a technique, but similarly you must not intend to cause specific injuries – just use enough force to stop the attack.

 

The test of reasonableness that the courts could use here would be for example how big you are compared to your attacker, what target you chose to punch or kick e.g. body punch or punch to the face, or how old they are compared to you, if you were outnumbered, or whether they tried to use a weapon.

You have to honestly believe that your counter-attack is reasonable in the circumstances. If it is obvious you have gone over the top in retaliation you could end up in court. Just because someone attacks you does not give you the right to try out your best karate techniques.  

 

Another measure of reasonableness could be you rendering first aid to your attacker. If you knocked-out your attacker with one punch, you need to consider helping them if it is safe for you to stay there. An unconscious person will die if they are not put in the recovery position. You may be the only person there that can save their life. Loss of life is difficult to justify even if they have just attacked you.

 

If you are cornered and genuinely fear you are about to be attacked and cannot talk your way out, do not wait for them to throw the first punch. You are legally entitled to strike first, provided your actions are reasonable. This is called a pre-emptive strike. If you don’t use it properly you will just antagonise the situation, but used properly, it will stop them in their tracks and they will not want to carry on. It does not entitle you to launch a frenzied attack on someone, it must be controlled. You may still be arrested if that person is badly hurt, but the courts have to take into consideration your genuinely held belief that you were about to be attacked, and that was the only course of action you could take to stop yourself from getting seriously injured.  

 

 

Throughout these scenarios remember the techniques we practice every time we train. Do not forget to kiai; if anything is likely to put off an attacker it is a really good kiai,

(which can also alert witnesses who may come to your assistance) and a good stance

will also provide a visible deterrent.  Used properly your techniques are an extremely effective and powerful skill. Used unwisely, or gratuitously, they could land you in prison. 

 

 

The law is complicated,  I have only just scraped the surface here. Don’t take the law into your own hands. If you are assaulted, call the police, it is their job to investigate crime and arrest criminals. If you use self defence in any of the above situations, you could still be arrested, you could still be charged with assault, and you could still end up in court – that is how complicated the law is on this subject. However, provided you have acted reasonably you will have a lot less to worry about than if you go over the top. My parting shot - it makes life so much simpler for everyone if the incident could have been avoided in the first place.

 

 

Stuart Cornish is a student of GoKanRyu karate. He is currently based at New Scotland Yard in London and can be contacted by e-mail stuart.cornish@met.police.uk