Reasonable Force Defences

Question 1

Criminal Law Act 1967 s3(1)

Answer 1

The prevention of crime or effecting the lawful arrest of offenders can be relied on as a defence to any offence, as long as reasonable force is used

Question 2

R v Bird

Answer 2

Defendant does not need to retreat, or wait for his assailant to strike first, to invoke a defence of self-defence

Question 3

Palmer v R

Answer 3

The courts recognise that defendants cannot ‘weight to a nicety’ in every situation what actions are reasonable, and give some discretion as a result

Question 4

Criminal Justice and Immigration Act 2008 s76(3)

Answer 4

The question of whether the degree of force used was reasonable is decided by reference to the circumstances as the defendant honestly believed them to be

Question 5

Criminal Justice and Immigration Act 2008 s76(5A)

Answer 5

The test for reasonable force in householder cases is whether the force used was ‘grossly disproportionate’

Question 6

Criminal Justice and Immigration Act 2008 s76(6)

Answer 6

The test for reasonable force in non-householder cases is whether the force used was disproportionate

Question 7

R v Williams (Gladstone)

Answer 7

An honest mistake as to the need for self-defence or the prevention of crime does not preclude a defendant from invoking the defence

Question 8

R v Dadson

Answer 8

A defendant cannot rely on facts of which he was unaware at the time to invoke a defence of self-defence

Question 9

R v Clegg

Answer 9

Self-defence cannot be invoked as a partial defence to a crime (i.e. downgrading murder to manslaughter), only against conviction as a whole

Question 10

R v Hopley

Answer 10

As a defence to assault, parents are entitled to use force to discipline their children so long as it doesn’t exceed moderate and reasonable chastisement

Question 11

Children Act 2004 s58

Answer 11

Reasonable chastisement can be raised as a defence to simple and common assault, but not to offences under the OAPA 1861