Self Defence AO3 Flashcards
Intro - Should be a partial defence - AO1?
The Criminal Law Act 1967 S3 defines self-defence stating that a person may use such force as is reasonable in the circumstances in the prevention of crime. If pleaded successfully it is a full defence.
The Criminal Justice and Immigration Act 2008 defines the amount of force that you can use.
Intro - Should be a partial defence - AO3?
The law on self defence does not meet the current needs of the legal system because of the all or nothing effect. The Law Commission in 2003 stated that the jury should be allowed to convict the D of manslaughter not murder, similar to other defenses however, this was rejected by the courts.
A situation may arise where the force is justified by the D uses too much, then the defence will automatically fail. This could lead to unfair results. At the time the Conservative Party called for homeowners to be allowed to use any force necessary unless it was “grossly disproportionate”, this was rejected by parliament.
Force - General - Doesn’t Suit Women AO1?
Williams - Defendant should be judged on their genuine view of the facts, even if they have made a mistake and the mistake was unreasonable.
Criminal Justice and Immigration Act 2008 put this into statute.
Force - General - Doesn’t Suit Women AO3?
It has been argued that Williams is more suited to cases of male self defence as that is where most of the cases occur in turn meaning that the law is more adapted to men. For example due to lesser strength some Women may use a weapon which may amount to excessive force, or if a Woman acts in anticipation it may not be deemed immediate. Reform is needed to give women increased protection something similar to Section 55 of the Coroners and Justice Act 2009 which takes into account sex and age. It is needed for all crimes to give Women the opportunity for self defence.
Force and Intoxication - Unfair AO1?
O’Grady - An intoxicated mistake in the amount of force needed for self defence is not self defence.
Criminal Justice Act 2008 - Cannot rely on mistaken use of force if you are intoxicated.
Force and Intoxication - Unfair AO3?
Some argue that the law doesn’t meet the needs of the current legal system as it is unfair to expect the mistake to be one the defendant would have made if sober when it is most likely the reason behind why the defendant acted in the way that they did. However, it is now statute law so the courts can’t change it.
Reasonable Force - Not enough or too much force AO1?
Palmer - No definition of reasonable force, it is up to the jury to decide, based on the threat of harm, urgency of the situation and any other options available to the D.
Criminal Justice Act 2008 - Defines the amount of force that can be used.
- Clegg and Martin if the jury believes the use of force to be excessive
Reasonable Force - Not enough or too much force AO3?
So argue that it does not meet the needs of householders trying to protect their homes as it is hard to balance with protecting themselves. Is it fair to expect a vulnerable person to use reasonable force? In 2005 the Law Commission recommended that a new partial defence should be introduced for murder which would be known as excessive force in self defence. However, it was reformed in 2013 by removing protections for burglars provided that it is not grossly disproportionate. However, there is a danger here that this is allowing for too much violence.
Pre - emptive strikes - Promoting vigilante Justice AO1?
Bird - There is no duty to retreat in self defence, though it is desirable to do so.
Deana - Pre - emptive strikes.
Pre - emptive strikes - Promoting vigilante Justice AO3?
Some argue that the law doesn’t meet the needs of the current legal system as there is a problem with allowing emptive strikes and in turn suggests that the Courts are allowing vigilante justice. However, since self defence is a moral defence it will always be difficult to interpret and get right.
