Self Defence / Prevention of Crime

What is self defence?

Common law defence used where you hit someone who has attacked you/think is going to attack you

Also applies to protection of another person or property

What is prevention of crime?

Allows a defence to any person using reasonable force to prevent crime, or lawfully arrest suspected offenders

S3 Criminal Law Act 1967

What are the 2 main aspects of self defence/prevention of crime?

1. Was the force necessary
2. Was the force reasonable?

R v Malnick

D doesn’t have to wait to be punched before reacting, but there must be some immediacy regarding the threat

R v Williams

If D was mistaken at to facts of scenario, their mistaken belief is the accepted one

S76 Criminal Justice and Immigration Act 2008

Evidence D having only done what they honestly thought was necessary for a legit purpose is strong evidence that reasonable action was taken

R v Clegg

If force is excessive, D is guilty