Will DS be charged? I can't believe this happened

[misty]

They would only charge him if he used 'excessive force'.

[Daytona's Mummy]

just as Misty said!
Legally you can use a REASONABLE amount of force to protect yourself or another person. What is reasonable? well, if he had of thrown an elderly frail lady down on the ground in a MA technique, that is not REASONABLE amount of force. A small woman can use much more force against a full grown man then what a man is alloud to use against a woman ITMS. So considering your DS needed assistance, he did not use excessive force or any more than what was reasonable. If anything, expect the police to ask you & your Ds if he would like to press charges on the drunk because that was assult. Don't forget, your Ds is only 15yo, the police should be coming down hard on the guy.... More than likely why he was sitting there hand cuffed!

Your poor Ds, he must have been really scared! I'm so glad you have given him the tools/knowelege to protect himself! The police will praise him, & so would a magistrate if it went that far (but it wont!)

[toomanyshoes]

What a nightmare

As the others have said it clearly sounds like self defence and he's a minor fending off an adult so I don't see how they could charge him.

[*Beema*]

It is possible that he will be charged, but it seems like a pretty clear cut case of self-defence (and I assume the other fisherman will be a witness who can support your son's story) so it would be pretty unlikely for any charges to proceed. If they did, they would probably be defensible, but I wouldn't worry too much about that right now. See what happens after statements have been provided.

:yeahthat:

How scary for you Dianne I am so glad that your DS is ok, he is a brave you man, and it was really lucky that there were witnesses and someone to help him.
I hope he is oing ok today and that you are ok as well xxoo

[diannescruffy]

Thank you all so much, I didn't sleep much last night kept on thinking how it could have turned out so much different, he was very very lucky. DS is still asleep, he musn't have had a good night either. I'm going to give him the biggest cuddle when he wakes up.

Regards,
Dianne

[~Hestia~]

Your poor DS, I think he did well considering his age. I'm so glad he's ok. I hope it all blows over.

[Smoke Jaguar]

He'll be right. What point is there in teaching kids self-defence if you...can't use it in self-defence?? I don't think you'll have any more issues with it. I hope we don't live in a world where an aggressor gets to counter-charge you!
He sounds like he'll be a great member of the community, does your son

[KimB]

Your son did what was needed Di and he should be commended for it. He kept his cool and responded appropriately. I can't see him being charged and I'm surprised the drunk could feel anything if he was that intoxicated. Huge cuddles are in order for sure

[LimeSlice]

The issue with being trained in martial arts etc isn't that you aren't allowed to use it.
It is with the forewarning of the party against which you are going to use it.
I have a friend who is ex-SAS. He is not 'allowed' to get into fights etc with drunk morons, or anyone for that matter, because his training affords him knowledge that a lay person cannot reasonably have. He is deemed to be a 'lethal weapon' in and of himself.
So if he is being picked on by someone, he 'technically' has to give them warning of the fact he is trained and can kill them. IF he doesn't do this, and busts a guys nose, he can be charged with excessive force, even if it was self-defence. There are also issues with how the training equates to disarming and restraining as opposed to fighting back and injuring the other person.

Anyway, good on your boy, sounds like he kept his head and should be very proud of himself.

[Smoke Jaguar]

Sounds more like he used it to restrain the guy till help came. I'd definitely have an issue with someone with skills like that retaliating and causing injury because they were teaching a lesson!

[diannescruffy]

Yeah, I can understand if someone trained in martial arts goes overboard and physically hurts someone but they are taught how to defend themselves without causing physical harm. He was just concerned that he had hurt the mans arm when he was keeping him pinned to the ground, even with the other man helping they were both struggling.

Regards,
Dianne

[Gigi]

how is it going Diane? have the police contacted your DS about it? has he been interviewed/charged with anything?

fingers crossed it can be sorted out in interview.

[Floweryfields]

That must've been so scary. Is he ok?

I don't think he will be charged, it sounds as though he used it in self defence.

And there was also another witness there, I think he'll be fine - if not shaken.

[diannescruffy]

Thanks for asking, DS is fine and the incident hasn't put him off fishing, he went again yesterday. We havn't heard from the police so I'm taking that as a good sign.

Regards,
Dianne

[Gigi]

LOL, i didn't think to ask about his love of fishing, glad there has been no further (police) action. big relief, i'm sure.

[Catastrophic]

How is this situation going?