Self Defence

• What must the force used in self-defence be?

  Reasonable
• What does the Criminal Justice and Immigration Act (CJA) state about reasonable force?

  D may not weigh what is reasonable precisely
• What does it suggest if D acts honestly and instinctively?

  Reasonable action was taken
• Why might juries find it difficult to decide on the reasonableness of force used?

  Determining necessity and excessiveness is challenging
• What does s.43 of the Crime & Courts Act 2013 allow householders to do?

  Use less than grossly disproportionate force
• What is the outcome if the law on self-defence is successful?

  D is not guilty
• What happens if the self-defence claim fails?

  D is guilty as charged
• Why is the all or nothing approach considered harsh in murder cases?

  Only mandatory life sentence is available
• What can judges consider in non-fatal offences when sentencing?

  Circumstances of the case
• What is the proposed partial defence for killing in response to fear of serious violence?

  Loss of control defence
• What does s.54 of the Coroners & Justice Act 2009 allow?

  Reduces murder to manslaughter
• When are defences not available in self-defence cases?

  If force is used after danger has passed
• What is the position on mistaken belief as to a threat?

  D is judged on their believed facts
• What does s.76 of the CJA state about mistaken belief?

  D is judged even if belief is mistaken
• What happens if D is mistaken due to voluntary intoxication?

  D cannot use defences
• Why is it considered unfair that psychiatric evidence cannot be taken into account?

  Condition affects perception of danger
• What does the CJA not define, leading to problems?

  Self-defence
• What can D do regarding pre-emptive strikes?

  Defend even if attack hasn't begun
• What is the implication of AG’s Ref no.2 regarding pre-emptive strikes?

  D can breach the law if necessary
• Why might the pre-emptive strike rule be seen as fair?

  D shouldn't wait to be attacked
• Why can't battered women use self-defence if they preemptively attack their abuser?

  They need to use partial defences
• When can force usually be used in self-defence?

  When threat is imminent
• What is the challenge regarding the definition of "imminent" in self-defence?

  How imminent is imminent?
• What could happen if D takes measures to protect themselves in anticipation of an attack?

  It could be open to abuse by vigilantes