Self Defence Flashcards
4 Headings of Self-Defence
Defence of yourself
Defence of another
(Criminal law + Immigration Act)
Defence of property
(Criminal Damage Act)
Prevention of crime
(Criminal Law Act)
Defence of Self statute
Criminal Justice and Immigration Act 2008
Defence of Another statute
Criminal Justice and Immigration Act 2008
Protection of Property statute
Part of Self Defence
s.5 of the Criminal Damage Act 1971
Statute for self defence regarding prevention of a crime
s.3 of the Criminal Law Act 1967
Test of self defence
Was the force used reasonable (in the circumstances)?
Should D have retreated?
Did D honestly believe their action was justified (subjective)?
Palmer
Need to only use reasonable amount of force
Self Defence
McInnes
Should D have retreated?
Self Defence
Gladstone Williams
Did D honestly believe their action was justified? (subjective test)
Self Defence
Need to only use reasonable amount of force
Self Defence
Palmer
Should D have retreated?
Self Defence
McInnes
Did D honestly believe their action was justified? (subjective test)
Self Defence
Gladstone Williams