Criminal defences - Self-Defence

What offences can self-defence be used for?

All crimes to protect yourself, another person or property.

What Act is self-defence regulated under?

Criminal Justice and Immigration Act 2008

What section of the Act outlines the 2-part test for self-defence, and what is it?

s.76 CJIA 2008 outlines self defence as a two part test:

1. Was the force used necessary in the circumstance?

2. Was the force used reasonable in the circumstances?

What kind of test is ‘was the force used necessary’?

A subjective test - the D must have genuinely believed it was necessary.

Mistake + Self defence?

If the D genuinely believes they are in danger, self defence will be allowed even if they were wrong.

Gladstone - Man caused ABH whilst carrying out citizens arrest on the wrong person. Defence succeeded.

Self defence + intoxication?

If the D acts in self defence whilst intoxicated, the defence will automatically fail.

O’Grady - D thought V was assaulting him so fought back, woke up next morning and found him dead. Defence failed as he was drink.

Duty to retreat?

s.6(a) states that retreating is not necessary, however it is a factor when deciding whether force was necessary.

Hussain - D shot V in the back, showing he was retreating. Defence failed as D was not in danger.

Martin - farmer shot intruder in the back, showing he was retreating. Defence failed as D was not in danger.

What kind of test is ‘was the frce used reasonable’?

An objective test, meaning the reasonable person must have seen it to be reasonable force.

What must the force be to be ‘reasonable’?

Not disproportionate or excessive. If it is, the defence will fail.

Clegg - Irish soldier shot at a car heading towards them. Killing shot was fired as car passed, so they were retreating and defence failed.

Is the D allowed a pre-emptive strike?

Yes - the D does not need to wait until hurt (Deana) however the strike must be reasonable to what he thinks may happen (Beckford - Jamaican soldier thought he was being shot at so shot them, held it was allowed)

What case demonstrates force being ‘reasonable’?

Bird - D was in an argument with her boyfriend. He pushed her against a wall so she pushed a glass into his face which gouged his eye out.

Held - defence was valid as the force was seen as proportionate.

What are the rules for self-defence relating to protecting property?

s.43 of the Crimes and Courts Act 2013 ammended s.76 Criminal Justice and Immigration Act 2008, giving wider defence to protecting property.

This means excessive force is allowed, but it cannot be ‘grossly disproportionate’ (up for courts to interpret).

This can be justified by the fact that people are often more vunerable at home so greater force is required.