introduction to self defence

• the common law defence of self defence, in addition to the defence of another and property, are as amended by the criminal justice and immigration act 2008
• The statutory defence is in section 3 (1) of thecriminal law act 1967 of self defence In the prevention of a crime or effecting or assisting in lawful arrest
• Both the criminal justice and immigration act 2008 and section 3 (1) of the criminal law act 1967 permit te use of force as reasonable in the circumstances. They are governed by the same rules
• Section 76 of the criminal justice and immigration act 2008 confirms the rules to be applied when the question arises whether the degree of force used by the defendant against a person was reasonable in the circumstances
• According to section 76 (1) (B) of the criminal justice and immigration act 2008, two questions must be asked on whether the force used was reasonable:

  1. was it necessary to use any degree of force?
  2. if it was necessary to use any degree of force, was the force that was used proportionate and reasonable to the harm threatened or the risk to be averted?