Can I use force to stop someone assaulting another person?

Section 273 may protect a person acting in good faith who uses a like degree of lawful force to aid the person under attack.

Do I have to intervene in an assault?

An ordinary bystander generally has no broad duty to enter a dangerous confrontation, although specific duties may arise in particular circumstances.

Should I call police before intervening?

If safe and practical, call 000, give the location and describe weapons or injuries. Physical intervention can expose everyone to further danger.

When must I stop using force?

Stop when force is no longer reasonably necessary to defend the other person. Continuing after the attacker retreats may amount to assault.

Defending Another Person in Queensland: Reasonable Force

Queensland law can protect a person who acts in good faith to defend someone else from an unlawful assault. It does not give a bystander an unrestricted right to fight on the victim’s behalf.

The statutory protection

Section 273 of the Criminal Code 1899 (Qld) applies where the person under attack could lawfully use force in self-defence. A helper acting in good faith may use a like degree of force for that defensive purpose.

Relevant questions include whether an unlawful assault was occurring, whether the helper acted to protect the other person, what force the victim could lawfully have used and whether the helper stopped when defensive force was no longer necessary.

Do not assume you understand the whole scene. A weapon, another offender, a medical crisis or an earlier event may not be visible. Call 000, keep a safe distance and give clear information where that is safer.

No general duty to fight

An ordinary bystander generally has no broad duty to enter a physical confrontation. Specific duties can arise from particular relationships, undertakings, responsibility for creating danger or other circumstances.

Calling emergency services, helping people move away, observing safely and preserving witness details can all assist. If intervention becomes necessary, use only lawful force and stop when the danger ends.

Can I Use Force to Defend Another Person in Queensland?

The statutory protection

No general duty to fight

See Also

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