76 Reasonable force for purposes of self-defence etc
Criminal Justice and Immigration Act 2008 (2008 c 4) | Legislation

Self-defence etc

76  Reasonable force for purposes of self-defence etc

(1)     This section applies where in proceedings for an offence—

(a)     an issue arises as to whether a person charged with the offence (“D”) is entitled to rely on a defence within subsection (2), and

(b)     the question arises whether the degree of force used by D against a person (“V”) was reasonable in the circumstances.

(2)     The defences are—

(a)     the common law defence of self-defence; . . .

[(aa)     the common law defence of defence of property; and]

(b)     the defences provided by section 3(1) of the Criminal Law Act 1967 (c 58) or section 3(1) of the Criminal Law Act (Northern Ireland) 1967 (c 18 (NI)) (use of force in prevention of crime or making arrest).

(3)     The question whether the degree of force used by D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be, and subsections (4) to (8) also apply in connection with deciding that question.

(4)     If D claims to have held a particular belief as regards the existence of any circumstances—

(a)     the reasonableness or otherwise of that belief is relevant

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