A-
Level
Law:
Crimi
nal
Law
(01)
Topic 6:
General Defences
5) Self Defence
Name:
Teacher:
, Self-
defence
Under English Law you are legally allowed to use force in order
to:
Self-defence of yourself or others
Defence of property
Prevention of crime
It is up to the defendant to raise the issue of self-defence and for the prosecution to
disprove that it existed. It is ultimately a question of fact for the jury to decide.
Self-defence and defence of another are common law defences (now consolidated
in statute) which are used to justify the defendant’s actions. There is also a statutory
defence of prevention of crime under s3 (1) Criminal Law Act 1967 which states:
“A person may use such force as is reasonable
in the circumstances in the prevention of
crime.”
Both the common law and statutory defences can be raised in respect of any crime
with which the defendant is charged, and if successful will result in the defendant
being completely acquitted. However, if a defendant uses excessive force this
indicates that he acted unreasonably in the circumstances. There will therefore be no
valid defence, and the defendant will be liable for the crime. The defence is very
specific so as not to give an excuse for the use of violence in society, whilst at the
same time offering protection to society where necessary
Self-defence is most commonly raised as a defence to non-fatal offences against
the person, e.g. ABH. However, it is also possible to raise self-defence as a defence to
murder or property offences.
Level
Law:
Crimi
nal
Law
(01)
Topic 6:
General Defences
5) Self Defence
Name:
Teacher:
, Self-
defence
Under English Law you are legally allowed to use force in order
to:
Self-defence of yourself or others
Defence of property
Prevention of crime
It is up to the defendant to raise the issue of self-defence and for the prosecution to
disprove that it existed. It is ultimately a question of fact for the jury to decide.
Self-defence and defence of another are common law defences (now consolidated
in statute) which are used to justify the defendant’s actions. There is also a statutory
defence of prevention of crime under s3 (1) Criminal Law Act 1967 which states:
“A person may use such force as is reasonable
in the circumstances in the prevention of
crime.”
Both the common law and statutory defences can be raised in respect of any crime
with which the defendant is charged, and if successful will result in the defendant
being completely acquitted. However, if a defendant uses excessive force this
indicates that he acted unreasonably in the circumstances. There will therefore be no
valid defence, and the defendant will be liable for the crime. The defence is very
specific so as not to give an excuse for the use of violence in society, whilst at the
same time offering protection to society where necessary
Self-defence is most commonly raised as a defence to non-fatal offences against
the person, e.g. ABH. However, it is also possible to raise self-defence as a defence to
murder or property offences.
