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

The common law defence of self-defence, and the statutory power under the Criminal Law Act 1967 to use reasonable force in the prevention of crime or in making an arrest.

What are the two questions a jury must answer on self-defence?

Whether the use of force was necessary on the facts as the defendant believed them to be, and whether the force actually used was reasonable in those circumstances.

What did R v Williams (Gladstone) (1987) decide about a mistaken belief?

A man who wrongly believed he was stopping an assault when he intervened against a lawful arrest was entitled to be judged on the facts as he saw them, and his mistake did not have to be reasonable.

What allowance does the law make for a person acting in the heat of the moment?

Evidence that the defendant did only what they honestly and instinctively thought necessary strongly supports the force being reasonable, because a person under attack cannot weigh the exact measure of defence.

WJEC A-Level Law 603-1978-1

Law Making in Wales and the UK

Topic overview Legal rules, sources of law and the rule of law Parliamentary sovereignty, the separation of powers and the Royal Prerogative The composition and role of Parliament The legislative process at Westminster The Senedd and law making in Wales The devolution settlement and the role of the Supreme Court Influences on law making and law reform

Delegated Legislation

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Statutory Interpretation

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Judicial Precedent

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The Civil Courts and Dispute Resolution

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The Criminal Process and the Criminal Courts

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Tort: Rules and Theory

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Tort: Negligence

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Human Rights: Rules and TheoryHuman rights

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Human Rights: Key Convention ProvisionsHuman rights

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Human Rights: RestrictionsHuman rights

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Human Rights: EnforcementHuman rights

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Contract: Rules and TheoryContract

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Contract: DischargeContract

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Contract: RemediesContract

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Criminal Law: Rules and TheoryCriminal

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Criminal Law: Offences Against the PersonCriminal

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Criminal Law: Property OffencesCriminal

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Criminal Law: DefencesCriminal

Topic overview Insanity and the M'Naghten Rules Automatism: insane and non-insane Intoxication by alcohol and by drugs Self-defence and the prevention of crime Duress by threats Duress of circumstances and necessity Evaluating the capacity and necessity defences

Criminal Law: Preliminary OffencesCriminal

Topic overview Attempt: the statutory definition and its scope The actus reus: acts more than merely preparatory Applying the more than merely preparatory test to the cases The mens rea of attempt Attempting the impossible Attempt, the completed offence and abandonment Evaluating the law on attempts and proposals for reform

Criminal Law: Defences

Self-defence and the prevention of crime

3 things to know
A2 Units 3 and 4

Overview

Two sources of the defence of self-defence, two questions a jury must answer on self-defence and special rule for householders facing an intruder.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

Is the necessity of force judged subjectively or objectively?

Key term

Is the amount of force judged subjectively or objectively?

Key term

What is the effect of using excessive force in self-defence?

Questions from this subtopic

Each one with the model answer underneath.

1
What are the two sources of the defence of self-defence?
Model answer
The common law defence of self-defence, and the statutory power under the Criminal Law Act 1967 to use reasonable force in the prevention of crime or in making an arrest.
2
What are the two questions a jury must answer on self-defence?
Model answer
Whether the use of force was necessary on the facts as the defendant believed them to be, and whether the force actually used was reasonable in those circumstances.
3
Is the necessity of force judged subjectively or objectively?
Model answer
The defendant is judged on the facts as they honestly believed them to be, so the belief in the need for force is assessed subjectively.
4
What did R v Williams (Gladstone) (1987) decide about a mistaken belief?
Model answer
A man who wrongly believed he was stopping an assault when he intervened against a lawful arrest was entitled to be judged on the facts as he saw them, and his mistake did not have to be reasonable.
5
Is the amount of force judged subjectively or objectively?
Model answer
The reasonableness of the force is judged objectively by the jury, although on the circumstances the defendant believed to exist.
6
What allowance does the law make for a person acting in the heat of the moment?
Model answer
Evidence that the defendant did only what they honestly and instinctively thought necessary strongly supports the force being reasonable, because a person under attack cannot weigh the exact measure of defence.

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Law Making in Wales and the UK

Delegated Legislation

Statutory Interpretation

Judicial Precedent

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Roles v Nathan ( ).

196319411945

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AThe defendant owed the victim a duty of care and breached it.

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