Self Defence & Crime Prevention

[Flash Card 1 of 2]

• common law developed concept reasonable self defence / private defence
• statute covering crime prevention / public defence (S3 Criminal Law Act 1967)

Necessity of Force:

• general principle / use of force not justified / necessity is a jury decision

Genuine Belief:

• can be found necessary / if seen to be so in the situation that exists / or that D believes exists
• D saw man struggling with a youth / youth calling for help / D intervened / in fact the man was lawfully arresting youth / D not guilty of assault (Gladstone Williams)
• statutory basis for defence / Ds genuinely hold a mistaken belief (Criminal Justice and Immigration Act 2008) / not necessarily if D voluntarily intoxicated (S5)

Pre Emptive Action:

• can apply to imminent attack / Lord Griffiths: .. a man about to be attacked does not have to wait for his assailant to strike the first blow, or fire the first shot, circumstances may justify a pre-emptive strike... (Beckford)
• withdrawing or unwillingness to fight / evidence D acting reasonably & in self defence / no absolute obligation to retreat (Bird)

bits of law

Self Defence & Crime Prevention

[Flash Card 2 of 2]

Reasonableness of Force:

• Lord Morris: .. it is both good law and good sense that a man who is attacked may defend himself... he may do, but may only do what is reasonably necessary... (Palmer) / unreasonable force may not be used (Martin)
• jury decision / if force used was reasonable
• D soldier at checkpoint / D shot at speeding stolen car / evidence proved V killed by shot fired once car had passed / no argument for self defence / D's conviction for murder upheld on appeal (Clegg)
• someone under attack / under stress / may not reason precisely (S76 Criminal Justice and Immigration Act 2008)

bits of law