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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.

Your recallNot started
Numbers

Can a defendant rely on self-defence if their belief in the need to use force was mistaken?

Key term

What is the outcome if self-defence is successfully established?

Key term

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. 1

    What is the outcome if self-defence is successfully established?

    Model answer

    Self-defence is a complete defence that results in acquittal.

  2. 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. 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. 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. 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. 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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