Absolute defence, D will be acquitted. S.76 Criminal Justice and Immigration
act 2008. “A person may use such force as is reasonable in the circumstances
to protect themselves, another, or in the prevention of crime.”
Two tests: 1. Was the use of force necessary in the circumstance? 2. Was the
force used reasonable in the circumstance?
Was the use of force necessary in the circumstances?
This is a question for the jury (question of fact). s.76(3) - decide whether
necessary by the reference to the circumstances as D believed them to be e.g.
if D believed the attacker had a gun, the degree of force allowed is what would
be reasonable and necessary in those circumstances. Preemptive strikes are
allowed. AG Ref No 2 of 1983 - someone who fears an attack can make
preparations to defend themselves, overriding the factor always whether the
force is reasonable. Rule confirmed in Beckford.
s.76(4) - genuine mistakes about the need to use force (confirmed in
Williams). D must be judged according to the facts as he genuinely believed
them to be (Subjective). It does not matter whether the mistake was
reasonable, however s.76(5) says cannot rely on the defence if the mistake is
due to voluntary intoxication (confirmed O’Grady).
s.76(6)(A) - No duty to retreat (amended by s.148 LASPO 2012). However the
fact a person could have retreated is a relevant factor to consider when
deciding the force is necessary.
Was the force used reasonable in the circumstances?
Force will be reasonable if it is proportionate. s.76(3),(4),(5) still apply.
s.76(7)(a) - no requirement to weigh to a nicety (Palmer). Someone facing
attack is not expected to calculate the exact force needed. Those trained in the
use of force may be expected to know better e.g. police.
act 2008. “A person may use such force as is reasonable in the circumstances
to protect themselves, another, or in the prevention of crime.”
Two tests: 1. Was the use of force necessary in the circumstance? 2. Was the
force used reasonable in the circumstance?
Was the use of force necessary in the circumstances?
This is a question for the jury (question of fact). s.76(3) - decide whether
necessary by the reference to the circumstances as D believed them to be e.g.
if D believed the attacker had a gun, the degree of force allowed is what would
be reasonable and necessary in those circumstances. Preemptive strikes are
allowed. AG Ref No 2 of 1983 - someone who fears an attack can make
preparations to defend themselves, overriding the factor always whether the
force is reasonable. Rule confirmed in Beckford.
s.76(4) - genuine mistakes about the need to use force (confirmed in
Williams). D must be judged according to the facts as he genuinely believed
them to be (Subjective). It does not matter whether the mistake was
reasonable, however s.76(5) says cannot rely on the defence if the mistake is
due to voluntary intoxication (confirmed O’Grady).
s.76(6)(A) - No duty to retreat (amended by s.148 LASPO 2012). However the
fact a person could have retreated is a relevant factor to consider when
deciding the force is necessary.
Was the force used reasonable in the circumstances?
Force will be reasonable if it is proportionate. s.76(3),(4),(5) still apply.
s.76(7)(a) - no requirement to weigh to a nicety (Palmer). Someone facing
attack is not expected to calculate the exact force needed. Those trained in the
use of force may be expected to know better e.g. police.
