Self Defence Flashcards
The full defence of Self Defence…
The full defence of self defence has been codifed by section 76 of the criminal justice and immigrations act 2008
there is also a private defence
there is also a private under common law where the defendant uses force to defend himself, defend property, defend his family, or defend a 3rd party who he feels responsible for.
there is also a public defence
There is also a public defence under the criminal justice act 1967 where the defendant uses force to prevent a crime from happening or uses force to perform a civil arrest.
Firstly, the court will decide…
Firstly, The Court Will Decide Whether There Was A Necessary Degree of Force.
if the threat was imminent…
if the threat was imminent then force may have been necessary as in Hussain
A Pre-Emptive strive…
A Pre-Emptive strike by D may be reasonable, as is Beckford
It may be reasonable not…
it may be reasonable not to retreat as in Bird.
A genuine mistake…
A genuine mistake as to the threat may be acceptable as in Williams.
Secondly,…
Secondly, as in Hussain and in Martin, the court must decide whether the degree of force was reasonable meaning proportionate when compared to the threat set out in Criminal Justice and Immigrations Act 2008
In the Burglary Cases, the Crime and Courts Act 2013 it states that…
In Burglary Cases, the Crime and Courts Act 2013 it states that the degree of force will be reasonable unless it is GROSSLY PROPORTIONATE when compared to the threat set out in Collins set out in the Criminal Justice and Immigrations Act 2008.
