Personal safety

When you need legal advice

Get legal advice if you have:

• attempted a citizen's arrest
• used force against another person on your property and the person was injured
• been charged with an offence and are going to court.

How to get legal advice

Can I protect myself or my property without breaking the law?

In some cases, the law allows people to do things which would be illegal if it wasn't to protect themselves or their property. Some examples are:

• citizen’s arrest
• self defence

Citizen's arrest

You may, in limited circumstances, arrest someone who you find committing an offence or who you reasonably suspect has committed an offence. You should hand that person over to the police without delay. Be warned though that you risk legal action for wrongful arrest, false imprisonment or assault if you go over the limited legal authority you have.

Self defence

If you are unlawfully assaulted, you can use such force that is reasonably necessary to prevent the assault from happening or continuing.

If you acted in good faith or you came to the aid of someone else who was being attacked, you can also raise aiding in self-defence.

Provocation

You are not criminally responsible for an assault on another person when you have been provoked. The provocation must:

• be an action, word or gesture that is likely to cause a reasonable person to lose control
• be directed either to you or to someone who you have a close relationship with e.g. spouse, child, girlfriend, boyfriend, parent.

The force you use responding to the provocation must be reasonable considering the provocation and must not be intended to cause death or grievous bodily harm. The reaction to the provocation must be immediate in that there was no time to regain personal self-control.

Protecting property

You may use reasonable force to prevent someone unlawfully entering or remaining in your dwelling (including a caravan, tent and in some cases holiday accommodation). It is up to a court to decide whether the force used was reasonable.

Reasonable force does not include setting traps for intruders. You may be liable for injury caused to another person or their property even if that person is a trespasser.

How to get legal advice

We cannot give legal advice about personal injury.

We may give legal advice about personal safety and related issues.

Last updated 13 April 2023