SELF-DEFENCE

Cards (5)

  • necessity defence

    D argues it was necessary to commit the crime
  • Prevention of crime (public defence)

    S.3(1) of the Criminal Law Act 1967 - a person may use such force as is reasonable in all the circumstances in the prevention of a crime or assisting in a lawful arrest'
  • self-defence (Private defence)

    S.76 of the Criminal Justice and Immigration Act 2008 - 'the question whether the degree of force used by d was reasonable in the circumstances is to be decided by reference to the circumstances as d believed them to be'
  • subjective test
    1. Did D believe the force used was justified
    • based on the genuine belief of D
  • objective test

    2. Did D use reasonable force in the circumstances