Self-defence

• This is applicable to all offences
• X may be able to rely on the defence of self-defence. This defence can allow acquittal of the offence.
• Bayer provides that a criminal action needs to be committed by another for the D to argue self-defence.
• Self-defence(including defence of another) and defence of property is defined by Common Law as amended by the Criminal Justice and Immigration Act 2008
• Section 3(1) of the Criminal Law Act 1967 governs self-defence in the prevention of crime or effecting or assisting in a lawful arrest.
• 2 part test:

  The action or force must be necessary. The cases Bird and Beckford tells us that the D does not even have to wait for an attack to start but can get in the first blow if the D believes there will be an 'imminent attack'
• The court held in Williams, Beckford and Section 76(4) of the CRIMINAL justice and Immigration Act 2008 also provides that if a genuine mistake is made.
• Section 76(5) of the Criminal Justice and immigration Act 2008 makes clear that a D cannot rely on mistaken belief if the mistake is due to the D being voluntarily intoxicated