F3.41 – Duress

Question 1

Are the Crown called upon to anticipate a defence of duress and disprove it in advance?

Answer 1

No

Question 2

What are the Crown required to do if the accused places before the court such material as makes duress a live issue, fit and proper to be left to the jury?

Answer 2

It is for the Crown to DISPROVE that defence in such a manner as to leave in the jury’s mind NO REASONABLE DOUBT that the accused cannot be absolved on the grounds of the alleged compulsion.

(Gill [1963] 2 All ER 688, per Edmund Davies J at p. 846). See also Bone [1968] 2 All ER 644, per Lord Parker CJ at p. 985, and A3.35 et seq. As to duress of circumstances, see also Pommell [1995] 2 Cr App R 607 and A3.50 et seq.