the public defence

• what does section 3 (1) of the criminal law act 1967 say?

  A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of an offender or suspected offender or of people unlawfully at large.
• which section of what legislation states that A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of an offender or suspected offender or of people unlawfully at large?

  section 3(1) of the criminal law act 1967
• Reasonable force can be used by an individual in the prevention of any crime, or in arresting to:

  1. allow a person to defend themself from nay form of attack, so long as the attack is criminal
  2. prevent an attack on another person
  3. defend their property, which can include possessions demanded by a mugger, where there is a risk of physical danger to the owner.
• the tests in the public defence are as such:

  1. whether the defendant believed that force was necessary to prevent crime or assist in a lawful arrest- subjective test
  2. whether the force used was reasonable- objective test
• what is the significance of the case of r v Williams?

  It shows how section 3(1) of the criminal law act 1967 can only be used in preventing crimes that are in progress and not in crimes that have been committed already.
• which case shows how section 3(1) of the criminal law act 1967 can only be used in preventing crimes that are in progress and not in crimes that have been committed already?

  R v Williams