S5: Public and Private Defence

Question 1

Lawful Force

Answer 1

• Comes under public/private defence
• Defined under s.3 CLA 1967/ Crim Damages Act 1971
• s.3 CLA 1967 suggests a reasonable force can be used to prevent a crime or assist an arrest

Question 2

R v Martin (Antony) - Four key rules?

Answer 2

1. V must pose a threat
2. Threat unjustified
3. Was force necessary ?
4. Degree of force must be reasonable

Question 3

Common Law: R v Martin

Answer 3

1. The victim must pose a threat
2. The threat must be unjustified
3. The use of force must be necessary
4. The force used must be reasonable
   - It’s an objective test
   - Reasonableness of level of force used is to be used against genuine mistaken

Question 4

Pre-emptive strikes - when can this occur

Answer 4

(R v Beckford)- we can pre-attack the person if we believe they’re gonna strike

Question 5

Duty to Retreat

Answer 5

(Bird) 1985- This case confirmed there is no duty to retreat

Question 6

Excessive Force

Answer 6

Key Cases:
- R v Martin
- Clegg