Self Defence basics Flashcards
Where is the law on self defence found
Allowed to defend an attack on himself or someone else: common law
Defence property: s5 criminal damage act
Prevent a crime: s3 criminal law act
Which act codified self defence
Criminal justice and immigration act 2008
Which act then amended it
Legal aid, sentencing and punishment of offenders act 2012 and the crime and courts act 2013
Where is self defence often used
In non fatal offences but can be used for murder as in rash ford
How is a defence of self defence brought about
1) d must plea the defence then the prosecution must disprove it beyond reasonable doubt
2) prosecution must prove any force was unnecessary
3) the actual degree of force used was unreasonable
What is it often categoriesed as
Trigger and response
Trigger being the belief that in the circumstances force needs to be used
Response being the amount of force which is then used
What type of defence is it
General defence
