self defence
Public defence – prevention of crime
s.3 Criminal Law Act 1967
“A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.”
Homeowners may use disproportionate but not grossly disproportionate force in self defence of themselves and others but not in defence of their property. And the force must still be reasonable in all the circumstances s.76(5A)!
The right to use force in making a citizen’s arrest is under s24 of PACE 1984 (as amended)
•Contains the same basic principles of application in the prevention of crime as that found in private self-defence that allows people to use force to defend themselves or another
1.The use of force must be necessary
2.If force is used it must be reasonable in all the circumstances
Gladstone Williams and the other cases in self defence also apply in public defence
Private defence - Self defence
s76 Criminal Justice and Immigration Act 2008
A person is allowed to ‘get in the first blow’ Bird and has no duty to retreat Deanna
Gladstone Williams D can still rely upon the defence if s/he makes an honest mistake as to the necessity to use force. s76(3) & (4) the mistake may be unreasonable – how unreasonable it is may be evidence as to whether or not it is a genuine mistake(!)
R v Hatton and R v O’Grady mistake induced by drunkeness cannot be relied on. (s.76)
R v Clegg – The 4th bullet fired was not necessary as the danger had passed. (This of course makes it unreasonable too under s76(7) too! )
1.Incorporates the common law rule in Palmer “a man who is attacked may defend himself. It is both good law and good sense that he may do, but only do, what is reasonably necessary.“ – so USE of FORCE must be NECESSARY / Justified
2.Under s.76(7) force use must be reasonable in all the circumstances
s.3 Criminal Law Act 1967
“A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.”
Homeowners may use disproportionate but not grossly disproportionate force in self defence of themselves and others but not in defence of their property. And the force must still be reasonable in all the circumstances s.76(5A)!
The right to use force in making a citizen’s arrest is under s24 of PACE 1984 (as amended)
•Contains the same basic principles of application in the prevention of crime as that found in private self-defence that allows people to use force to defend themselves or another
1.The use of force must be necessary
2.If force is used it must be reasonable in all the circumstances
Gladstone Williams and the other cases in self defence also apply in public defence
Private defence - Self defence
s76 Criminal Justice and Immigration Act 2008
A person is allowed to ‘get in the first blow’ Bird and has no duty to retreat Deanna
Gladstone Williams D can still rely upon the defence if s/he makes an honest mistake as to the necessity to use force. s76(3) & (4) the mistake may be unreasonable – how unreasonable it is may be evidence as to whether or not it is a genuine mistake(!)
R v Hatton and R v O’Grady mistake induced by drunkeness cannot be relied on. (s.76)
R v Clegg – The 4th bullet fired was not necessary as the danger had passed. (This of course makes it unreasonable too under s76(7) too! )
1.Incorporates the common law rule in Palmer “a man who is attacked may defend himself. It is both good law and good sense that he may do, but only do, what is reasonably necessary.“ – so USE of FORCE must be NECESSARY / Justified
2.Under s.76(7) force use must be reasonable in all the circumstances