Self Defence

Question 1

1. The Full Defence of Self Defence…

Answer 1

The Full Defence of Self Defence has been codified by S.76 of the Criminal Justice and Immigration Act 2008.

Question 2

2. Section 3 of the Criminal Law Act 1967…

Answer 2

Section 3 of the Criminal Law Act 1967 allows the public defence for a person who uses force reasonable in the circumstances to prevent crime or to lawfully arrest offenders or suspects or those unlawfully at large.

Question 3

3. The defence may also be available under common law where the defendant uses force to defend…

Answer 3

The defence may also be available under common law where the defendant uses force to defend himself, defend another, or defend property. In the case of Hussey, it was stated that it would be lawful for a man to kill another who intended to evict him from his home unlawfully.

Question 4

4. The defence is usually used for non-fatal offences, but…

Answer 4

The defence is usually used for non-fatal offences, but can be used for other crimes such as murder.

Question 5

5. Firstly…

Answer 5

Firstly, the court will consider whether there was a necessary use of force.

If the threat was imminent, then force may have been necessary, (Clegg, AGs Ref No2 of 1983).

Here [eg. the threat to D was imminent because V was about to attack him].

Question 6

6. A pre-emptive strike…

Answer 6

A pre-emptive strike by D may be reasonable, (Beckford).

IF RELEVANT: Here [eg. there was a pre-emptive strike by D when he punched V who ran towards him angrily].

Question 7

7. It is not always necessary…

Answer 7

It is not always necessary to retreat, (Bird).

IF RELEVANT: Here [eg. D did not retreat and it was reasonable not to because V had him in a headlock].

Question 8

8. A genuine mistake…

Answer 8

A genuine mistake as to the threat is acceptable, (Williams).

IF RELEVANT: Here [eg. D was mistaken as to the threat, but it was a genuine mistake because he thought that V was part of the violent gang that were chasing after him].

Question 9

9. It will not be held necessary to use force if…

Answer 9

It will not be held necessary to use force if the defendant is the aggressor, (Rashford).

IF RELEVANT: Here [eg. D had gone to V with the intention of getting revenge, and so it will not be held necessary to use force on V, when it was D who instigated the violence.

Question 10

Secondly, the court will consider..

Answer 10

Secondly, the court will consider whether the degree of force was reasonable, meaning proportionate when compared to the threat, set out in S76(6) of the Criminal Justice and Immigration Act 2008.

Question 11

11. In Burglary Cases, the Crime and Courts Act 2013 and S76(5A) of the Criminal Justice and Immigration Act 2008 states…

Answer 11

In Burglary Cases, the Crime and Courts Act 2013 and S76(5A) of the Criminal Justice and Immigration Act 2008 states that the degree of force will be reasonable unless it is ‘grossly disproportionate’ to the threat.

Question 12

12. The defendant cannot use the defence if he uses…

Answer 12

The defendant cannot use the defence if he uses excessive force due to intoxication, as in O’Grady.

Question 13

13. To conclude
    13a. To conclude

Answer 13

To conclude [the force used was necessary/not necessary].

To conclude, the defence of self defence may apply, so D may be found not guilty.