Self defence

Question 1

Self defence

Answer 1

• Common law defence- If proved D not guilty
• Covers- defend oneself/ to defend another/ one’s property- amended by Criminal Justice and Immigration Act 2008
• S 3(1) of the Criminal Law Act 1967 of self-defence- force used- necessary and reasonable for purpose of preventing crime or assisting arrest.

Question 2

2 questions asked to determine reasonable force used…

Answer 2

…S 76 of Criminal Justice and Immigration Act 2008 looks at whether force is reasonable in circumstances:

• Was it** necessary** to use any degree of force? (subjective)
• Was degree of force used **proportionate **or reasonable (to the harm threatened or the risk to be avoided)? (objective)