Self Defence Flashcards
What is self defence
A complete defence that leads to the acquittal if successfully pleaded.
Two issues in respect for self defence.
Public defence or prevention of crime
Self defence at common law
Public defence
Under s3 Criminal law Act 1967 a person may use the reasonable force to prevent a crime or help arrest offenders or suspect offenders or persons unlawfully at large.
When a defendant pleads self defence it must be proven by the prosecution that
The use of any force was unnecessary or if it was justifiable
If the actual degree of force used was unreasonable
the court will look at the use of force through 3 key issues
1) Possibility of retreat
2) Imminent threat
3) Whether the defendant made a mistake which caused them to think their action was justified.
