is the force necessary

• whether or not force is needed is a question for the jury, this is a difficult question to provide a decision for- especially so when a victim has to retreat before using force as in the case of r v Bird
• Section 76 (6) (A) of the Criminal Justice and immigration act now makes it clear that a person is not under a duty to retreat if they are acting for a legitimate purpose. but the possibility that the defendant could have retreated is to be considered when the jury is to decide if the degree of force was necessary.
• Section 76 of the Criminal Justice and immigration act 2008 makes it clear that, provided a mistake was made by the defendant was not due to intoxication, then the defendant can rely on their mistake.