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Self-defence

Self-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:

1. •

   defend themselves

2. •

   defend another person

3. •

   defend property

4. •

   prevent crime, and

5. •

   assist with the lawful arrest and the apprehension of offenders

The defence of self-defence has two limbs:

1. •

   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

2. •

   secondly, was the nature and degree of force used reasonable in those perceived circumstances? This is the objective test