Consent

Question 1

1. The Defence of Consent may apply…

Answer 1

The defence of consent may apply, a full defence which can be used for non fatal offences against the person but not to fatal offences

Question 2

2. The General Rule is…

Answer 2

the general rule is that it is not in the public interest that people should cause each other bodily harm

Question 3

3. However, there are exceptions….

Answer 3

However, there are exceptions where it is in the public’s interest to allow the defence of consent where bodily harm is caused, as in Attorney General’s Reference (No 6 of 1980)

Question 4

4. Examples are…

Answer 4

Examples are reasonable surgical interference, male circumcision for religious purposes, lawful chastisement if reasonable, and proportionate, and not cruel under the Children Act 2004 and games and sports if properly conducted where the injury takes place within the rules of the game set out in Barnes.