Self-defence and the prevention of crime

Overview

Two sources of the law on self-defence, two questions a court asks in self-defence and effect of using excessive force in self-defence.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What are the two sources of the law on self-defence?

   Model answer

   The common law governs the defence of oneself, another person and property. Section 3(1) of the Criminal Law Act 1967 governs force used in the prevention of crime or in making an arrest.

2. 2

   Which statute clarified the law on self-defence?

   Model answer

   Section 76 of the Criminal Justice and Immigration Act 2008 clarified the common law without replacing it. The section restates the questions of necessity and reasonableness.

3. 3

   State the two questions a court asks in self-defence.

   Model answer

   The first question is whether the use of force was necessary on the facts as the defendant believed them. The second is whether the force used was reasonable in those circumstances.

4. 4

   Is the question of necessity subjective or objective?

   Model answer

   Necessity is judged subjectively on the facts as the defendant genuinely believed them. A mistaken but honest belief is therefore taken into account.

5. 5

   Is the question of reasonableness subjective or objective?

   Model answer

   Reasonableness is judged objectively against the circumstances as the defendant believed them. The jury asks whether the degree of force was proportionate.

6. 6

   Is there a duty to retreat before using force?

   Model answer

   R v Bird [1985] held that a defendant need not demonstrate an unwillingness to fight. Failure to retreat is only a factor in deciding whether the force was reasonable.

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