SELF-DEFENCE

Question 1

In what act is self-defence defined?

Answer 1

Criminal Law Act 1967 - self-defence can be used to prevent a crime

Question 2

What are the 3 elements needed for a successful self-defence defence?

+cases

Answer 2

1. D must believe force was necessary even if mistake has been made - Williams
2. D does not need to wait to be attacked if they believe force is necessary - AG Ref
3. Force used must be reasonable in the circumstances - Criminal Justice and Immigration Act 2009

Question 3

Element 1

Answer 3

D must believe force was necessary even if they made a mistake.
Williams - D tried to stop a fight and non-uniform police officer who was trying to arrest someone. D believed force was necessary, although it wasn’t.

Question 4

Element 2

Answer 4

D doesn’t need to wait to be attacked if they believe force is necessary
AG Ref - D’s shop has been attacked several times. D kept illegal petrol bombs in order to protect shop. D believed force was necessary.
D allowed to take action to prevent an attack

Question 5

Element 3

Answer 5

Force used must be reasonable in the circumstances - Criminal Justice and Immigration Act 2009
Look at circumstances as D saw them. Jury decides if force was reasonable (Hussain) - D chased burglar into street and beat him with cricket bat. Self-defence went beyond the law and act became GBH. Force beyond reasonable.