Gavin Howe
Self-defence is a defence that permits reasonable force to be used to defend oneself or another. This defence arises from both common law and the Criminal Law Act 1967. The common law defence of self-defence applies when an individual uses necessary, reasonable, and proportionate force to defend themselves or another from imminent attack. The force used to repel a crime must be proportionate to the force threatened. This is a justification defence rather than an excuse.
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What You'll Learn
The Criminal Law Act 1967
The Act also provides that the statutory defence of self-defence should be used in preference to the common law rules in cases where there is overlap. This means that if a person uses force to prevent a crime, such as an assault, they can argue that they were using reasonable force to defend themselves or another person, even if the attacker is not committing a crime.
The right to use reasonable force to prevent a crime or effect an arrest is not unlimited. The force used must be necessary, reasonable, and proportionate to the threat. The courts will objectively assess the reasonableness of the force used based on the specific facts and circumstances of each case. If the court finds that excessive force was used, the argument of self-defence will fail, and the person will be guilty of the offence charged.
Overall, the Criminal Law Act 1967 provides an important framework for understanding and applying the law of self-defence in the UK, balancing an individual's right to defend themselves or another with the need to prevent excessive or unreasonable force.
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The Firearms Act 1968
Self-defence is a defence that permits reasonable force to be used to defend oneself or another. This defence is derived from both common law and the Criminal Law Act 1967. It is a justification defence, meaning that if successful, it can result in a complete acquittal. The force used must be necessary, reasonable, and proportionate to the harm likely to be suffered if no force is used.
The Act has been amended several times since its introduction, particularly following incidents such as the Hungerford and Dunblane massacres, which led to the prohibition of additional types of weapons, including handguns. The most recent amendment was made by the Policing and Crime Act of 2017, which provided clarity to certain aspects of the Firearms Act.
The Act also provides defences for certain offences. For example, Section 19 offers a defence of "lawful authority or reasonable excuse" for possession of a firearm or loaded shotgun without a certificate. Additionally, Section 37 of the Violent Crime Reduction Act 2006 provides defences for the importation of realistic imitation firearms for specific purposes, such as for modifying them to make them non-realistic.
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Common law and statutory defences
Self-defence is a defence that permits reasonable force to be used to defend oneself or another. This defence arises from both common law and the Criminal Law Act 1967. 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.
The statutory defence, as per Section 3(1) of the Criminal Law Act 1967, states that "any person may use such force as is reasonable in the circumstances in preventing a crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large". This means that a person is permitted to use reasonable force to prevent the commission of a crime.
There is considerable overlap between the common law and statutory defences, and it has been held that both defences are available to an accused on the same facts. However, in some cases, only the common law defence will be available, such as when the attacker is not committing a crime (for example, if they are a child below the age of criminal responsibility). In such cases, the force used to repel the crime must be proportionate to the force threatened.
When assessing whether the force used was reasonable, prosecutors will consider whether the force was necessary considering the circumstances and whether the force used was reasonable in the context of the situation. For example, if someone shouted at you for being in the way, it would not be necessary to punch them in the face.
It is important to note that self-defence can only be used in response to criminal offences, not civil infringements such as trespassing or noisy neighbours.
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The Criminal Justice and Immigration Act 2008
Self-defence is a defence that permits reasonable force to defend oneself or another. This defence arises from both common law and the Criminal Law Act 1967. The Criminal Justice and Immigration Act 2008 made changes to the criminal justice system in England and Wales, as well as to some laws in Scotland and Northern Ireland. The Act aimed to consolidate previous case law and create new offences.
Section 26 of the Act addressed prison overcrowding by implementing the early release of prisoners. This change brought forward the release date for prisoners convicted before April 4, 2004, and serving more than four years in prison. The release was automatic, replacing the previous system where the Parole Board had discretion.
Section 76 of the Act clarifies the operation of existing defences, including self-defence. It specifies that self-defence includes acting in defence of oneself or another person and that the degree of force used should be reasonable and proportionate to the circumstances. This section applies when force is used by an individual who is in or partially in a building or dwelling and is not a trespasser. It also covers situations where the individual believes the other person is a trespasser entering the building.
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The Criminal Damage Act 1971
Self-defence is a defence permitting reasonable force to defend oneself or another. This defence arises from both common law and the Criminal Law Act 1967. The common law defence of self-defence applies when 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.
The Act establishes that a person who, without lawful excuse, destroys or damages any property belonging to another intending to destroy or damage such property, or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence. The definition of property in the Act includes "property of a tangible nature". This differs slightly from the Theft Act 1968, which does not include land as property. However, in Henderson and Batley (1984), the defendants were found guilty of criminal damage for dumping rubble on a development site, which cost a substantial sum to clear.
The Act sets out that offences under sections 1(2) and 1(3) are punishable by a maximum term of life imprisonment, with all other offences punishable by a maximum of ten years' imprisonment. Courts are empowered by sections 130 to 133 of the Powers of Criminal Courts (Sentencing) Act 2000 to order payment of compensation by a convicted defendant. The limit is £5,000 per offence in a magistrates' court, while the Crown Court has unlimited powers.
Case law has further clarified the interpretation of the Criminal Damage Act 1971. In A (a juvenile) v R (1978), it was held that spitting on a police officer's raincoat, which could be easily wiped clean, did not amount to damage within the meaning of the Act. Similarly, in Morphitis v Salmon (1989), the court doubted whether a scratch to a scaffolding pole could amount to damage, as it did not impair its value or usefulness. However, the conviction was quashed because the charge had alleged damage to a part of the scaffolding that was not proven to have been damaged by the defendant.
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Frequently asked questions
Self-defence is a defence that permits reasonable force to be used to defend oneself or another. This defence arises from both common law and the Criminal Law Act 1967.
The force used must be necessary, reasonable and proportionate to the harm likely to be suffered if no force is used. For example, if someone shouted at you for being in the way, it’s not reasonable to punch them in the face.
Yes, the Criminal Damage Act 1971 provides a defence to destroying another person’s property where the destruction occurs as a result of protecting your own property, or the property of another, which was in immediate need of protection.
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