Self defence

• intro =

  1. Private self defence = S76 Criminal justice and immigration act ' the right to use reasonable force to defend yourself , another or property'
  2. Public self defence = S3 Criminal law act ' A person may use such force as is reasonable in the circumstances in the prevention of a crime'
• Force

  ( Williams ) - Was it necessary for the defendant to use force on the facts that the defendant believed them to be

  Defendant should be judged on their genuine belief of the fact even if they made a mistake and that mistake unreasonable

  S76 puts ( Williams ) into statute
• Reasonableness

  ( Palmer ) - no definition of reasonableness, it is a matter for the jury to decide.

  Jury should take into account the threat of harm, urgency of situation and other available options to the defendant

  s76 - Defines the amount of force you can use, may not be able to weigh up the exact amount of force available in the circumstances - must be an honest use of force, during the danger - and instinctive
• Excessive force

  ( Clegg ) - if jury believes that the use of force is excessive than no defence
• Pre-emptive

  ( Deana ) - no rule that a person must wait to be struck first before trying to defend yourself
• Duty to retreat

  ( Bird ) - No duty to retreat but it is desirable to do so
• Property

  S43 crime and courts act - a householder may use as much force as necessary up to 'grossly disproportionate' if they believes they or another are in danger