Self Defence

Question 1

Common law

Answer 1

Defence to use reasonable force to take action where necessary to respond to an attack or imminent attack to prevent injury to you or someone else, damage to property or assisting lawful arrest.

Question 2

Statute:

Answer 2

Criminal Law Act 1967 s 3:

“A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large”

Question 3

What must the force be?

Answer 3

Reasonable

Question 4

Ashley v Chief Constable of Sussex

Answer 4

“…for civil law purposes an excuse of self-defence based on non-existent facts that are honestly but unreasonably believed to exist must fail”

Question 5

Cockcroft v Smith

Answer 5

D’s act must be proportionate: “…hitting a man a little blow with a little stick on the shoulder, is not a reason for him to draw a sword and cut and hew the other…”

Question 6

Civil Justice Act 2003 s 329

Answer 6

Where a claim is brought assault, battery or false imprisonment in respect of conduct by a defendant which happens on the same occasion as the commission of an imprisonable offence by the claimant then it will be a defence to show that the conduct of the defendant was not grossly disproportionate