How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70105
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

If u are being arrested for being drunk and three policemen

Customer Question

If u are being arrested for being drunk and three policemen have restrained him by head locks arms being held behind etc and then they all fall to the floor with the police on top of him and 1 of the policemen get a graze on his head is this assault
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Could you explain your situation a bit more please?
Customer: replied 3 years ago.

My sons went out on Saturday for a goodbye drink as 1 of them was returning to Australia and basically they had too much to drink and got into a tussle. Police arrived and arrested all 3 but let 2 go but the other 1 was taken to the station. In the interview the following morning 3 statements was read to him stating that he was a bit wild and had to be restrained by a head lock, arms and legs being held and then all 4 fell down on the floor. He was then told that 1 of the pplicemen grazed his head and got concussion and then said he was being bailed til April to c if he was going to be charged with drunk and disorderly and assault. Is this possible
Customer: replied 3 years ago.

Did u get my reply as internet froze
Expert:  Jo C. replied 3 years ago.
No, Im sorry, I didn't . I will read through it now.
Expert:  Jo C. replied 3 years ago.
Thank you. That is all I need to know.

I am sorry but I can't really give you good news here. This is assault.

The problem is this. You are not allowed to get into 'tussle'. That is called assault or possibly affray and at the very least S4 public order.

If a 'tussle' is underway and offences and therefore being committed then police have a right to perform an arrest. If a person resists then officers can use proportionate force upon them to achieve the arrest. Any resistance to that is assault. They will be arguing that a lawful arrest was resisted which caused the officer's injury. Unfortunately that is assault upon a police officer in the execution of his duty.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?


What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice