Self-defence, defence of another and prevention of crime

• s.76 Criminal Justice and Immigration Act 2008
• 1. Was the force used necessary in the circumstances?

  • Where D made a genuine mistake about situation, judge from D’s perspective (s.76 confirmed Williams)... unless the mistake was induced by intoxication, then it will fail (s.76 confirmed O’Grady)
  • A pre-emptive strike can be in self-defence (Beckford)
• 2. Was the force used reasonable?

  • D not expected to ‘weigh to a nicety’ the exact amount of force that would be reasonable (s.76 confirmed Palmer), as the courts accept that this is difficult in stressful situations
  • s.76 - If D does what they honestly and instinctively think is necessary, then this is strong evidence that only reasonable force has been used.
• • If any of the force was excessive (even if most was reasonable), then whole defence fails (Clegg)
  • Cannot take account of psychiatric conditions (e.g. paranoia – Martin)
  • s.43 Crime and Courts Act 2013 - With ‘home intruder’ cases, force will be considered reasonable unless it is grossly disproportionate (e.g. stabbing a burglar who is already unconscious)