Self Defence
Under the common law a person may use reasonable force either to defend himself
or another from attack, or to protect property. Additionally, under s.3 Criminal Law
Act 1967, a person may use reasonable force to prevent crime or assist the arrest of
offenders.
Force must be necessary
R v Hussain and Another – D’s house was broken into, and he and his family were
threatened by armed men. D and one of his sons managed to escape and chased the
armed men as they ran from the house. They caught up with one of the men and
beat him up. It was held that they could not use the defence of self-defence as all
danger to them from the original attack was over and so the force was not
necessary.
Mistaken use of force
R v Williams – D thought a man was assaulting a young person (when he was actually
arresting him). He used force on the officer. D can use self-defence even if he makes
a mistake about what is happening. The defendant should be judged according to
their genuine mistaken view of the facts, regardless of whether the mistake was
reasonable or unreasonable. This can now be seen in s76 Criminal Justice and
Immigration Act 2008.
Beckford – D was a police officer who shot and killed a suspect, having been told that
he was armed and dangerous. D feared for his life. Self-defence can be available
even where fatal force is used by mistake.
R v Taj – Taj attacked V in the mistaken belief that he was a terrorist who was about
to set off a bomb. D cannot rely on any mistaken belief caused by voluntary
intoxication (s76[5] CJIA 2008).
Force must be reasonable
The COA confirmed in Owino that this is an objective test. This is not necessarily
minimal force, as stated in Palmer: "A person who is being attacked should not be
expected to weigh to a nicety the exact measure of his necessary defensive action".
Both points are now set out in a statute under s76 CJIA 2008.
Bird – D was pushed by a man. In response, she hit him. There’s no duty to retreat
(you don’t need to try and escape first).
AG’s Reference (No. 2 of 1983) – D’s shop had been attacked and damaged by rioters.
Fearing further attacks, he made petrol bombs. D may be able to claim self-defence
even where pre-emptive action is taken (i.e you can throw the first punch if threat
clear).
The Crown Prosecution guidelines state that reasonable force is less than grossly
disproportionate force.
Under the common law a person may use reasonable force either to defend himself
or another from attack, or to protect property. Additionally, under s.3 Criminal Law
Act 1967, a person may use reasonable force to prevent crime or assist the arrest of
offenders.
Force must be necessary
R v Hussain and Another – D’s house was broken into, and he and his family were
threatened by armed men. D and one of his sons managed to escape and chased the
armed men as they ran from the house. They caught up with one of the men and
beat him up. It was held that they could not use the defence of self-defence as all
danger to them from the original attack was over and so the force was not
necessary.
Mistaken use of force
R v Williams – D thought a man was assaulting a young person (when he was actually
arresting him). He used force on the officer. D can use self-defence even if he makes
a mistake about what is happening. The defendant should be judged according to
their genuine mistaken view of the facts, regardless of whether the mistake was
reasonable or unreasonable. This can now be seen in s76 Criminal Justice and
Immigration Act 2008.
Beckford – D was a police officer who shot and killed a suspect, having been told that
he was armed and dangerous. D feared for his life. Self-defence can be available
even where fatal force is used by mistake.
R v Taj – Taj attacked V in the mistaken belief that he was a terrorist who was about
to set off a bomb. D cannot rely on any mistaken belief caused by voluntary
intoxication (s76[5] CJIA 2008).
Force must be reasonable
The COA confirmed in Owino that this is an objective test. This is not necessarily
minimal force, as stated in Palmer: "A person who is being attacked should not be
expected to weigh to a nicety the exact measure of his necessary defensive action".
Both points are now set out in a statute under s76 CJIA 2008.
Bird – D was pushed by a man. In response, she hit him. There’s no duty to retreat
(you don’t need to try and escape first).
AG’s Reference (No. 2 of 1983) – D’s shop had been attacked and damaged by rioters.
Fearing further attacks, he made petrol bombs. D may be able to claim self-defence
even where pre-emptive action is taken (i.e you can throw the first punch if threat
clear).
The Crown Prosecution guidelines state that reasonable force is less than grossly
disproportionate force.
