Gavin Howe
English common law allows individuals to defend themselves or others using 'reasonable force'. This defence applies to both civil and criminal charges of assault and battery and has been recognised since the early 18th century. The force used must be proportionate to the level of threat and only that which is 'reasonably necessary' to prevent a crime or assist an arrest. The Crown Prosecution Service (CPS) provides guidelines to help clarify when force is justified. While the use of weapons is generally prohibited, training in self-defence techniques is not illegal and can be crucial for personal safety.
| Characteristics | Values |
|---|---|
| Self-defence laws in the UK | Arise from common law and the Criminal Law Act 1967 |
| Use of force | Must be reasonable, necessary, and proportional |
| Use of weapons | Carrying weapons such as knives, pepper spray, or stun guns for self-defence is illegal under UK law |
| Homeowners | May use force to defend themselves against intruders |
| Right to apprehend | A person has the right to apprehend another person whom they have reasonable cause to suspect has committed or is committing an arrestable offence |
| Citizen's arrest | Private citizens have the power to arrest any person for an indictable offence under s24A PACE 1984 and the common law breach of the peace power to arrest |
| Preemptive self-defence | Permissible in some cases |
| Defence | Complete defence to all non-sexual offences involving the unlawful use of force |
| Jury | Jury may take into account all relevant circumstances of the case, including the level of threat and likely harm |
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What You'll Learn
The right to self-defence
English common law allows for the right to self-defence. This is a defence permitting reasonable force to be used to defend oneself or another. This defence arises from both common law and the Criminal Law Act 1967.
The right to use reasonable force to prevent crime comes from statute (S3 Criminal Law Act 1967). The definition of reasonable force is the same as the self-defence test. The definition of what constitutes a "crime" was clarified in R v Jones (Margaret) [2005] QB 259 as any domestic crime in England or Wales.
The common law defence of self-defence applies where the defendant uses necessary, reasonable, and proportionate force to defend themselves or another from imminent attack. It is a complete defence to all non-sexual offences involving the unlawful use of force (anything from battery to murder).
The force used must be reasonable and proportional. The law doesn’t require individuals to retreat if they believe their life or property is in danger, but they must act reasonably. Preemptive self-defence is allowed, meaning an individual can strike first if they believe an attack is imminent.
However, the law does not permit the use of weapons for self-defence. UK law strictly prohibits carrying weapons, including knives and pepper spray, for self-defence. Individuals are encouraged to use their body or objects in the immediate vicinity to protect themselves.
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The right to defend your home
English common law has traditionally held that a person has the right to exclude anyone from their home, though this has been restricted in some cases, such as with bailiffs' powers of entry. This principle, known as the "castle doctrine", gives a person certain protections and immunities in their home, allowing them to use force to defend themselves against intruders.
The right to defend one's home is a legal defence in English law, arising from common law and the Criminal Law Act 1967. This defence applies when a defendant uses necessary, reasonable, and proportionate force to defend themselves or others from an imminent attack. The force used must be objectively reasonable and proportional in the circumstances. The Crown Prosecution Service (CPS) provides guidelines to help clarify when force is justified. The jury may take into account relevant circumstances, including the level of threat, the pressure of being under attack, and the likely harm.
In the case of R v Scully (1824), it was held that shooting an intruder was justifiable if the homeowner considered their life to be in danger. However, if the homeowner did not consider their life to be in danger, they would be guilty of manslaughter. The law does not protect individuals who chase and attack an intruder after the immediate threat has ended.
While carrying weapons such as knives, pepper spray, or stun guns for self-defence is illegal in the UK, training in self-defence techniques is permitted.
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The right to defend others
English common law allows for the defence of others, as an extension of self-defence. This defence arises from both common law and the Criminal Law Act 1967. It permits reasonable force to be used to defend oneself or another. The force used must be reasonable, necessary and proportionate to the circumstances.
The law does not require individuals to retreat if they believe their life or property is in danger, but they must act reasonably. This means that a person may use such force as is objectively reasonable in the circumstances as they subjectively believe them to be. If the defendant genuinely believes that an attack is imminent or underway, it does not matter if they were mistaken.
The Crown Prosecution Service (CPS) provides guidelines to help clarify when force is justified. If an intruder enters a home, the homeowner has the right to use reasonable force to protect themselves and their family. In extreme cases, using force that results in the intruder's death may be justified if the homeowner genuinely feared for their life.
The right to use reasonable force to prevent crime comes from statute (S3 Criminal Law Act 1967). Private citizens also have a power to arrest any person for an indictable offence (citizen's arrest) under s24A PACE 1984 and the common law breach of the peace power to arrest. Where this power is lawfully exercised, the citizen may use reasonable force and other reasonable means to effect it.
In the case of R v Renouf, the Court of Appeal ruled that s3(1) was available against a charge of reckless driving where the defendant had used his car to chase some people who had assaulted him and had manoeuvred his car to prevent their escape. The Court held that the defendant's actions amounted to the use of reasonable force for the purpose of assisting in the lawful arrest of offenders.
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The right to defend property
English common law allows for the defence of property, which is a common method of justification used by defendants who argue that they should not be held liable for any loss or injury they have caused because they were acting to protect their property. The defence of "private defence" or "protective force", is used when unlawful force is used or threatened against a person who may use proportionate force to defend persons or property.
The Criminal Law Act 1967 and the Criminal Justice and Immigration Act 2008 provide guidelines for self-defence. The former states that a person may use reasonable force in the circumstances in the prevention of crime or in arresting offenders or suspects. The latter was amended by the Crime and Courts Act 2013, to ensure that householders who use disproportionate (but not grossly disproportionate) force to defend themselves or others in their homes will not be regarded as acting unlawfully. This includes the intentional killing of an intruder.
In the case of Chamberlain v Lindon (1998), Lindon demolished a wall to protect a right-of-way, honestly believing that it was a reasonable means of protecting his property. It was held that it was not necessary to decide whether Lindon's action was justified as a matter of civil law. For the purpose of criminal law, what mattered was whether Lindon believed that his actions were reasonable.
In another case, R v Scully (1824), it was held that it was not justifiable to shoot an intruder merely to arrest them. However, if the intruder's life was threatened and the defendant considered their life in danger, they would be justified in shooting the intruder.
It is important to note that the use of force to protect property is much more limited than the right to use force to protect oneself or others. Deadly force can never be used simply to defend property against someone else's interference, even if that interference is unlawful. However, non-deadly force can be used to protect property that is in the defendant's lawful possession if the force reasonably appears to be necessary to prevent or terminate an unlawful intrusion or interference.
In conclusion, while English common law does allow for the defence of property, it is limited to the use of reasonable and proportionate force, and deadly force cannot be used solely to defend property.
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The right to a fair trial
English common law does allow for defending your rights. The right to a fair trial is a fundamental human right, recognised internationally, and is enshrined in law.
In practice, the right to a fair trial can be undermined in several ways. For example, accused people are often treated as criminals before they have been tried, such as being paraded in public by law enforcement or being made to wear restraints. It is the responsibility of the state to prove guilt, not for the accused to prove their innocence.
To ensure a fair trial, special measures may be needed to give some people a fair chance to present their defence. For example, providing an interpreter or additional support for children or vulnerable adults.
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Frequently asked questions
Reasonable force is considered necessary and proportional to the threat. For example, if an intruder enters a home, the homeowner has the right to use reasonable force to protect themselves and their family. However, excessive or unnecessary force may lead to prosecution.
No, carrying weapons such as knives, pepper spray, or stun guns for self-defence is illegal under UK law. Training in self-defence techniques and martial arts is a better option for personal safety.
No, self-defence can only be used as a defence against criminal charges, such as assault and battery.
