The defence of Self-defence

Where is self defence defined?

s3 Criminal Justice Act 1967

Is self-defence a complete or partial defence?

complete

True or False : Self-defence can only be used if you are defending yourself from an attack on yourself or another person

False - you can also use self defence to prevent a crime 

How many stages are there in the self-defence test?

2

What are the stages of the self-defence test?

• the force must be necessary

• the force must be reasonable

True or False : You can’t use self defence if you start a fight

False - You can take if you start a fight and the other person uses unreasonable force in retaliation

Do you have to try to retreat/withdraw in order to use the self-defence defence

No

Name 3 cases for the first stage of the self defence test?

• Bird (there is no duty to retreat)

• Beckford (pre-emptive strikes are allowed)

• Gladstone Williams ( D must subjectively believe that it was necessary to use that force)

Name a case for the second stage of the self defence test?

• Palmer or Whyte (the level of force must be objectively reasonable)

• Martin (when excessive force is used)

• Clegg (when force is used if danger has passed)

Must the force of the second stage be ‘weighed to a nicety’?

No, the court recognises that in the heat of the moment it would be difficult to weigh the force to a nicety

Can D use disproportionate force in home invasion cases?

Yes, but not grossly disporportionate (Ray)