AQA A-Level Law 7162
The Nature of Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Restrictions and EnforcementHuman rights
Reform of Human Rights LawHuman rights
Criminal Defences
Self-Defence and the Prevention of Crime
- 3 things to know
- Paper 1
Overview
Recall questions on the effect of the defence, when it is available, its relationship with the statutory power and the two-stage test.
What you need to know
Answer each one before you reveal it.
What is the outcome if self-defence is successfully established?
What happens to the defence of self-defence if the force used was disproportionate to the threat faced?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What is the outcome if self-defence is successfully established?
Model answer
Self-defence is a complete defence that results in acquittal.
- 2
In what situations is the defence of self-defence available to a defendant?
Model answer
When the defendant uses force to protect themselves, another person, or property from an unjust attack or threat.
- 3
How do the courts treat the relationship between common law self-defence and the statutory prevention of crime defence?
Model answer
They operate as a single unified defence, with the common law and statutory provisions being treated together.
- 4
What is the first stage of the two-stage test for self-defence?
Model answer
The defendant must have genuinely believed that force was necessary.
- 5
Is the first limb of self-defence assessed subjectively or objectively?
Model answer
Subjectively—the defendant must have genuinely believed that the use of force was necessary, even if that belief was mistaken.
- 6
Can a defendant rely on self-defence if their belief in the need to use force was mistaken?
Model answer
Yes, provided the belief was genuinely held, as established in Williams (Gladstone) and confirmed in section 76 of the Criminal Justice and Immigration Act 2008.
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