Frequently Asked Questions

Self Defence & the law.

Please note:
This page is basic advice and does not take the place of advice from and qualified lawyer.
Most of the advice is relevant to an Australian jurisdiction.
If you have to use self defence in a street situation we suggest that you seek the advice of a lawyer should you feel the need to do so.

Q.    What should I do if I am attacked?

A.    You have the right to defend yourself from being hurt, injured or killed by another person during the course of an attack.  If you have trained in the martial arts you may use the skills you have learnt to defend yourself and to stop the attack. You must not use more force than what is considered as 'reasonable force' when defending yourself. 

Q.    What does reasonable force mean?

A.    Reasonable force is the minimum force necessary to stop yourself from being hurt or injured during an attack.  Laws vary from country to country and state to state, we suggest that you clarify the matter of reasonable force with your local Police or solicitor.  

As a general rule of thumb, if during the course of an attack you have defended yourself and you are no longer in danger, any form of martial art technique that you use against an attacker after that time may be considered an assault.  The fact that someone attacks you, does not give you the right to punish them after you have defended yourself.

Reasonable force will vary dependant on some or any of the following:

• Your sex.
• Your age.
• Your size: height, weight, build.
• The sex or size of the attacker.
• The number of attackers
• If the attacker/s is armed with a weapon.
• The location of the attack.
• The severity of the attack.
• Any stated intentions of the attacker.
• The availability of escape.
• The availability of help.

This list is by no mean exhaustive, it is far better to avoid a confrontation in the first place, however if you are attacked the training you receive at Bukido Kai may save you life. Click here for a chart that illustrates the response to risk applicable to Law Enforcement personnel.

It is important to note that your actions in a confrontation situation may have an effect on how the situation is perceived.  For example if a person threatens you verbally from a distance of 20 metres and you close the gap to 2 metres and then you are attacked, a judge or jury may form the opinion that you have contributed to the eventual confrontation and then your claim of  self defence might not be excepted.  This is very important to remember in 'road rage' situations. 

Q.    Am I allowed to carry a weapon like a knife for self defence?

A.    NO. Possession of weapons such as knives in a public place is a criminal offence in most jurisdictions.

Q.    What should I do if someone threatens or attacks me with a knife?

A.    The most effective defence against a knife attack is the 'Nike' defence.
 The 'Nike' defence means, use them and run, this defence can also be known as the 'Reebok', 'Asic', 'Adidas', 'Brooks' or 'New Balance' defence.  In all seriousness the best the defence against someone with a knife is to get the hell out of there, putting distance between you and the knife is the best way to stay safe.  This advice applies to any confrontation with a person armed with any sort of weapon.

Q.    What if I use self defence and end up hurting or injuring the person that attacked me?

A    Every situation is different, I suggest that if you find yourself in this situation, you seek competent and timely legal advice from a qualified solicitor.

Q.    If I am attacked, do I have to tell the person I have martial arts training or give them any sort of warning?

A.    No, you are not obliged to tell them anything.

Q.    If I have to use self defence and I hurt someone and the Police come and I am arrested, what should I do or say?

A.    You are not obliged to say anything. Cooperate with the Police, do not resist if they inform you that you are being arrested. We recommend that do not say anything other than to provide your name, date of birth and address until you have discussed the matter with a qualified legal representative. We advise that you do not consent to being interviewed in any form until you have discussed the matter with a qualified legal representative. 

Q.    What should I do if see another person being attacked?

A.    At law You have the right to defend another person from being hurt, injured or killed during the course of an attack.  If you have trained in the martial arts you may use the skills you have learnt to defend another person and to stop the attack. You must not use more force than what is considered as 'reasonable force' when defending another person. 

We recommend that if you intend to intervene in a fight or attack to assist another person you should carefully consider your actions and the situation and be mindful of the potential for injury to harm to yourself.

Q.    Can I get sued for using self defence?

A.    Yes, if you become involved in a confrontation situation and you defend yourself resulting in an injury to the other person, that person could sue you for damages as a result of injuries that they have received. This may seem crazy but it happens.  Ensure that you use no more than 'reasonable force', if there are witnesses present ensure that you obtain their details, this may be helpful to Police or your legal representative. In New South Wales the Public Liability Act 2002 limits your liability when acting in self defence.

Q.    What is the best self defence advice you can give.

A.    Here is the top ten list

1.    Learn Self Defence - be prepared. 
2.    Train in a reality based martial art - be prepared. 
3.    Develop high level awareness skills - be prepared (click here for details) 
4.    Where ever you can, avoid trouble - act cautiously 
5.    Walk away from trouble - act wisely 
6.    If you can't walk away stay alert - be ready
7.    If the situation is becoming violent, have a plan - be able 
8.    If you have to defend yourself use fast effective techniques - be efficient 
9.    Use only as much force as is reasonable in the circumstances - be smart
10.  Cooperate with Police be polite but exercise your right to silence - be sensible

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