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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70298
Experience:  Over 5 years in practice
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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.
Hi.

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?

Jo

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