Self-Defence

• What does s.76 of the Criminal Justice and Immigration Act 2008 state about self-defence?

  A person may use reasonable force to protect themselves.
• What is the subjective test in s.76(2) regarding the necessity of force?

  Was force necessary based on the defendant's beliefs?
• How does s.76(4) relate to a defendant's genuine mistake about the facts?

  They are judged by their genuine beliefs.
• What does s.76(4) confirm about intoxicated defendants?

  A defendant cannot rely on a mistaken belief due to intoxication.
• What does s.76(6A) state about the duty to retreat?

  There is no duty to retreat, but it is relevant.
• What does the case Beckford establish about pre-emptive strikes?

  A pre-emptive strike may be used in self-defence.
• What does the case Hussain indicate about the necessity of force when the attacker is fleeing?

  Force is unlikely to be deemed necessary if the attacker is running away.
• What does s.76(3) state about the reasonableness of force used?

  Force must be reasonable and proportionate in the circumstances.
• How does s.76(4) define reasonable force in terms of proportionality?

  Disproportionate force is not considered reasonable.
• What does s.76(7)(a) confirm about the actions of a person under stress?

  They may not accurately measure necessary action.
• What does s.76(7)(b) indicate about instinctive actions in self-defence?

  Instinctive actions are strong evidence of reasonableness.
• How does the severity of circumstances affect the force used in self-defence?

  The more extreme the circumstances, the more force can be used.
• What does the case Clegg state about excessive force in self-defence?

  If any force is excessive, the defence fails.
• What does the case Bird suggest about attempts to retreat?

  Evidence of an attempt to retreat is desirable but not essential.
• How does the case Martin relate to psychiatric conditions in self-defence?

  Psychiatric conditions are not considered in self-defence.
• What does the case Hichens state about using force against an innocent third party?

  Force against an innocent third party is allowed to prevent a crime.
• What does s.43 of the Crime & Courts Act 2013 amend regarding householders?

  It gives a wider defence for householders against intruders.
• How is reasonable force defined in householder cases?

  Force is reasonable unless it is grossly disproportionate.