Ask a Law Question, Get an Answer ASAP!
He did use reasonable force.Taking into consideration the circumstances.Unfortunately the man fell on the floor when my son took hold of his shoulders from the rear.When he got up he swung a punch and my son restrained him and ordered him and his partner to leave the store.He then forced him out of the store.The police or CPS seem to think he caused common assault when he took hold of him and he fell to the floor.This initial action seems to dominate their decision.
The issue is definately one of the initial taking hold of the man without requesting him to leave the premises can not seem to find anything under common law or criminal law that seems to cover these facts.
Is there anything that could justify his actions?
Thank you for your time.
I am a little confused regarding your answer.
What do you mean on licence......what basis in law..common law..civil tresspass?
When we take this to a solicitor..can you advise where the solicitor should be researching or what law references he or she should use.
Are you saying that my son in grabbing hold of this person without any words spoken he would be entitled as he is ejecting a person no longer on licence?.......
It is only the initial contact that concerns me as my son can be heard quite clearly on the cctv telling him to get out when the man had fallen to the floor.My son did cause him to fall in the first instance as the man was walking in front of him attempting to reenter the store. then using reasonable force to eject him.
The man did suffer small bruising on his back from his fall to the floor.
Sorry,I am trying to understand the phrase "on licence"..evrything else is clear
Could you expand a little on this
Yes I understand what you mean by on licence.I have already researched all of the information on the internet but most only allows for a person to be ejected after being asked to leave and they refuse.
My problem is that my son did not speak to the person and ask them to leave he immediately took hold of the person the second they entered the store. He had however told the person outside the store he was banned from the store.The male chose to ignore this demanding to see the manager.
Would this be sufficient to eject him? without any further request to leave
Thanks for evrything