Self defence
● Found in common law and statute law
● It is a full defence- if used successfully it will result in an acquittal
● The burden of proof is on the prosecution- have to prove beyond reasonable doubt it was not done
in self defence
● Criminal Justice and Immigration Act 2008 - allows you defend yourself and others
● Criminal Damage Act 1971 - defend your property
● S3(1) Criminal Law Act 1967 - arrest and prevent crime
, Elements of the defence
● Degree of force
● Excessive force
● Pre-emptive strike
● Mistake / Mistake and Intoxication
● Defendant’s characteristics
Degree of force
● D is not expected to weigh up the exact amount of force they use (takes into account they may be
panicking/not knowing exactly what they’re doing)
● Did D do what they honestly and instinctively thought was reasonable?
● Force must be used when the danger is still ongoing
● Criminal Justice and Immigration Act 2008- Difficult for a person to weigh up exactly how much
force is needed in a pressurised situation
Excessive Force
● If D uses excessive force the defence will fail
● Found in common law and statute law
● It is a full defence- if used successfully it will result in an acquittal
● The burden of proof is on the prosecution- have to prove beyond reasonable doubt it was not done
in self defence
● Criminal Justice and Immigration Act 2008 - allows you defend yourself and others
● Criminal Damage Act 1971 - defend your property
● S3(1) Criminal Law Act 1967 - arrest and prevent crime
, Elements of the defence
● Degree of force
● Excessive force
● Pre-emptive strike
● Mistake / Mistake and Intoxication
● Defendant’s characteristics
Degree of force
● D is not expected to weigh up the exact amount of force they use (takes into account they may be
panicking/not knowing exactly what they’re doing)
● Did D do what they honestly and instinctively thought was reasonable?
● Force must be used when the danger is still ongoing
● Criminal Justice and Immigration Act 2008- Difficult for a person to weigh up exactly how much
force is needed in a pressurised situation
Excessive Force
● If D uses excessive force the defence will fail
