Self Defence

Question 1

What does s3 Criminal Law Act 1967 say?

Answer 1

Reasonable force to prevent crime or assist in lawful arrest

Question 2

What does s76 Criminal Justice and immigration act 2008

Answer 2

If there is evidence a person acted “honestly and instinctively” this is reasonable. Person cannot be expected to work out how much force they need to use when under attack. (Reed v Wastie).

Question 3

What is the caveat to section 76 Criminal Justice and immigration Act 2008 saying people cannot calculated reasonable force?

Answer 3

If the force is used after the danger is over (e.g. retaliation) self defence is not available (R v Hussain and another 2010)

Question 4

S76 Criminal justice and immigration act 2008 as amended by Section 43 crime and courts act 2013:

Answer 4

Householder cases: Will only be “unreasonable” if it was “grossly disproportionate”. Have to be in the requirements to use this***

Question 5

What are the requirements to be able to be under s43 crime and courts act 2013?

Answer 5

1. Force must be used while in or partly in a building that is dwelling
2. D must not be a trespasser
3. D must believe the victim is a trespasser