self-defence

• Necessity Defences


  In criminal law, the defendant may want to rely on a necessity defence in order to justify or excuse why they themselves have broken the law
• Self-Defence


  The defence of self-defence can be found within both common law and statutory law. Regardless of where it is found, they the law permits the use of "such force as is reasonable in the circumstances".
• Self-Defence Elements

  1. Was it necessary to use force? (Subjective Test)

  2. Was that force proportionate or reasonable in comparison to the harm that was threatened or the risk that was averted? (Objective Test)
• Self-defence can be used by a defendant to:

  Section 76(1) and (2) of the Criminal Justice and Immigration Act 2008:

  Defend themselves from an attack.

  Defend another person from an attack.

  Defend their own property.

  Prevent a crime.
• 1 Was it Necessary to Use Force?

  s.76(3) and (4) of the Criminal Justice and Immigration Act 2008

  The defendant will judged according to what they honestly believed were the facts. This is a subjective test.

  Case - R v Gladstone Williams
• 1 Was it necessary to use force?

  If the defendant's genuine belief was impacted by a psychiatric condition (e.g. delusions), this should not be taken into account when assessing whether the force was necessary.

  Case - R v Seon Oye
• 1 Was it necessary to use force?

  The defendant does not have to wait until they are attacked before they use force.

  Case - R v Bird
• 1 Was it necessary to use force?

  If the defendant is the initial aggressor, the defendant may still be allowed to use force if the victim's response was disproportionate and seriously threatens the defendant.

  Case - R v Rashford
• 2 Was that force proportionate or reasonable in comparison to the harm that was threatened?

  S.76(6) and (7) of the Criminal Justice and Immigration act 2008

  Whether the force is proportionate or reasonable is tested by balancing the risk of harm to the defendant and the risk of harm to the victim.

  Case - R v Clegg
• 2 Was that force proportionate or reasonable in comparison to the harm that was threatened?

  s.76(6) and (7) of the Criminal Justice and Immigation Act 2008

  For householder case only.

  The defendant can use disproportionate force when defending property, but not grossly disproportionate force.

  Case - R v Secretary of State for Justice
• The verdict


  If the defendant successfully proves that their conduct was done in self-defence, then they can acquitted of all the charges, meaning that no sentence is required.

  This is a complete defence.