Defences

Question 1

Lawful Arrest

Answer 1

Collins v Wilcock - a person who uses reasonable force in carrying out a lawful arrest does not commit a battery.

Equally, resisting a lawful arrest with reasonable force is not battery

Question 2

Self-Defence

Answer 2

Amount of force must be reasonable
Cross v Kirkby – amount of force must be in light of the situation. The baseball bat was deemed fair.

Use must be necessary
Gilchrist v Chief Constable – Tear gas used towards an individual covered in blood and screaming was reasonable because in that situation it was reasonable to believe he had committed an offence.

Question 3

Consent

Answer 3

Contact in sport

Surgery as long as it is:
Freely given consent and cannot be given through fraud.

Re T- Cl. in car accident. In order to save her life, she required a blood transfusion. Mother who was a Jehovah’s witness who said no. Must be a decision from the patient. The patient was under undue influence and thus was not valid consent.

Question 4

Competent adult

Answer 4

Airedale NHS Trust v Bland - Should a patient be competent and give valid refusal of consent, this must be respected.

Question 5

Mental Capacity Act 2005

Answer 5

Medical staff must consider:

- Person’s past and present’s wishes
- Belief and values that would be likely to influence his decision if he had capacity
- Other factors that he would consider if he were able to do so.

Question 6

NHS Foundation Trust v P

Answer 6

17-year-old refusing treatment following overdose. Mother provides consent but doctors reluctant. Must be issued antidote urgently.
Did P have the capacity? Presumption that over 16 has the capacity.
Does P have an impairment in her brain?
Does P understand, retain and communicate the decision?
Was not possible to conclude that P had no capacity – she clearly did here.
However, she was not an adult.
Up to courts to determine, therefore.
Article 8 outweighed by Article 2 (right to life).
Was issued treatment.

Question 7

2 stage test to determine whether the patient lacks capacity

Answer 7

2 stage test to determine whether the patient lacks capacity:

• Are they suffering from an impairment in their brain and thus cannot make a decision for themselves?
• Does the doctor reasonably believe the patient cannot make a valid decision?