Self Defence/ Prevention of crime

• 1.Self-defence and defence of another are complete defences and D will be acquitted if they succeed.

  Defence of prevention of crime is a complete defence.
• 2. Firstly, D must honestly believe that the circumstances are such that the use of force is necessary.

  • D does not have to wait to be attacked before he can use force to defend himself. D may make a pre-emptive strike or make preparations to defend himself if he apprehends an attack.
  • If D genuinely made a mistake, he is to be judged on the facts as he believed them to be: CRIMINAL JUSTICE AND IMMIGRATION ACT 2008
  • However, a mistaken belief caused by D’s voluntary intoxication is not sufficient for the defences of self-defence or prevention of crime: CJIA 2008
• 3. Secondly, it must be that a reasonable person would have used that amount of force in the circumstances as D believed them to be.

  • The degree of force used by D will not be reasonable if it was disproportionate in the circumstances: s.76(6) CJIA 2008.