Self defence Definition

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GLOSSARY

What does Self defence mean?

It is lawful to use reasonable force in the defence of oneself, or another, or of property, or in the prevention of crime, or in making a lawful arrest.

Self defence was placed on a statutory footing by the Criminal Justice and Immigration Act 2008, s 76, with the aim of clarifying the operation of the law. Of particular note, the question whether the degree of force used by the defendant was reasonable is to be determined by reference to the circumstances as the defendant genuinely believed them to be, even if his belief was unreasonable, but if the degree of force used was disproportionate (with allowance to be made for 'heat of the moment') the defendant is deprived of the defence.

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Self-defence

Self-defenceSelf-defence is an absolute defence which applies in crimes committed by force, it applies even in cases of murder. If a jury finds that a defendant was acting in self-defence, they will be acquitted. The common law defence of self-defence was incorporated into statute with the enactment of the Criminal Law Act 1967 (CLA 1967). There was further clarification provided by section 76 of the Criminal Justice and Immigration Act 2008 (CJIA 2008).The defence may be used where a defendant uses ‘reasonable force’ to:•defend themselves•defend another person•defend property•prevent crime, and•assist with the lawful arrest and the apprehension of offendersThe defence of self-defence has two limbs:•firstly, were the circumstances, as the defendant genuinely believed them to be, such that the use of force was necessary? This is the subjective test•secondly, was the nature and degree of force used reasonable in those perceived circumstances? This is the objective testReasonable force—defendant’s genuine beliefThe question of whether the degree of force used is considered 'reasonable' in the circumstances is to be decided by reference...

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