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What is the primary purpose of the public/private defence in the Criminal Justice and Immigration Act 2008?
What is the primary purpose of the public/private defence in the Criminal Justice and Immigration Act 2008?
What is the burden of proof for the prosecution in relation to the public/private defence?
What is the burden of proof for the prosecution in relation to the public/private defence?
What is a requirement for the public/private defence to apply?
What is a requirement for the public/private defence to apply?
What happens if the defendant fails to raise some evidence of self-defence?
What happens if the defendant fails to raise some evidence of self-defence?
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What is the core of the public/private defence composed of?
What is the core of the public/private defence composed of?
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What is an exception to the public/private defence?
What is an exception to the public/private defence?
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What is required for the householder defendant's use of force to be considered reasonable?
What is required for the householder defendant's use of force to be considered reasonable?
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What is the key principle underlying the defence of necessity?
What is the key principle underlying the defence of necessity?
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In R v Ray, why did the court hold that the defendant's use of force was not reasonable?
In R v Ray, why did the court hold that the defendant's use of force was not reasonable?
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What is required for the defence of necessity to be established?
What is required for the defence of necessity to be established?
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In what circumstances is the defence of necessity most likely to be available?
In what circumstances is the defence of necessity most likely to be available?
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What is a key difference between the defences of necessity and duress?
What is a key difference between the defences of necessity and duress?
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What is the primary consideration when assessing the amount of force used in self-defense?
What is the primary consideration when assessing the amount of force used in self-defense?
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In what circumstances can a defendant be said to have used excessive force in self-defense?
In what circumstances can a defendant be said to have used excessive force in self-defense?
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What is the requirement for the defendant's belief in the necessity of force in self-defense?
What is the requirement for the defendant's belief in the necessity of force in self-defense?
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What is the significance of the case R v Keane in the context of self-defense?
What is the significance of the case R v Keane in the context of self-defense?
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Can a defendant use 'pre-emptive strikes' in self-defense?
Can a defendant use 'pre-emptive strikes' in self-defense?
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What is the significance of the case R v Field in the context of self-defense?
What is the significance of the case R v Field in the context of self-defense?
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What is the test for determining whether the amount of force used in self-defense is reasonable?
What is the test for determining whether the amount of force used in self-defense is reasonable?
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What is the significance of the case R v Martin in the context of self-defense?
What is the significance of the case R v Martin in the context of self-defense?
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What is the relationship between the amount of force used and the harm caused in self-defense?
What is the relationship between the amount of force used and the harm caused in self-defense?
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What is the significance of the case R v Gladstone Williams in the context of self-defense?
What is the significance of the case R v Gladstone Williams in the context of self-defense?
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Under the public/private defence, the burden of proving the defendant did not act in self-defence of another rests with the defendant.
Under the public/private defence, the burden of proving the defendant did not act in self-defence of another rests with the defendant.
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The use of force in public/private defence must be proportional to the harm threatened.
The use of force in public/private defence must be proportional to the harm threatened.
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Prior fault can be an exception to the public/private defence.
Prior fault can be an exception to the public/private defence.
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The public/private defence can apply to an offence committed by the defendant without force.
The public/private defence can apply to an offence committed by the defendant without force.
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The defendant must believe that the force was immediately required in order to protect their public or private interests.
The defendant must believe that the force was immediately required in order to protect their public or private interests.
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In public/private defence, the core elements may be applied differently where the defendant is a householder or intoxicated.
In public/private defence, the core elements may be applied differently where the defendant is a householder or intoxicated.
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In self-defense, there is a general duty to retreat.
In self-defense, there is a general duty to retreat.
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A defendant can use 'pre-emptive strikes' in self-defense even if there is no immediate threat.
A defendant can use 'pre-emptive strikes' in self-defense even if there is no immediate threat.
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The reasonableness of the amount of force used in self-defense is determined solely by the defendant's subjective belief.
The reasonableness of the amount of force used in self-defense is determined solely by the defendant's subjective belief.
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If a defendant is unaware of a justification for using force, they can still rely on the defense of self-defense.
If a defendant is unaware of a justification for using force, they can still rely on the defense of self-defense.
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The defense of self-defense is only available if the defendant has a reasonable belief in the necessity of using force.
The defense of self-defense is only available if the defendant has a reasonable belief in the necessity of using force.
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The amount of force used in self-defense must be proportionate to the harm caused.
The amount of force used in self-defense must be proportionate to the harm caused.
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A defendant can only use force in self-defense if they have exhausted all other options, including retreating.
A defendant can only use force in self-defense if they have exhausted all other options, including retreating.
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The defense of self-defense is only available if the defendant has actually been attacked.
The defense of self-defense is only available if the defendant has actually been attacked.
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The jury determines the reasonableness of the amount of force used in self-defense solely based on the defendant's subjective belief.
The jury determines the reasonableness of the amount of force used in self-defense solely based on the defendant's subjective belief.
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A defendant can use any amount of force in self-defense as long as they believe it is necessary.
A defendant can use any amount of force in self-defense as long as they believe it is necessary.
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The court will always consider the degree of force used by the defendant as reasonable if it is necessary for self-defence.
The court will always consider the degree of force used by the defendant as reasonable if it is necessary for self-defence.
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In the case of R v Ray, the defendant was acquitted of murder due to his successful defence of public/private defence.
In the case of R v Ray, the defendant was acquitted of murder due to his successful defence of public/private defence.
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The defence of necessity can be used to justify murder.
The defence of necessity can be used to justify murder.
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The public/private defence is only available to householders.
The public/private defence is only available to householders.
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The court will consider the defendant's belief in the necessity of force when assessing the reasonableness of the force used.
The court will consider the defendant's belief in the necessity of force when assessing the reasonableness of the force used.
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The defence of necessity is only available in cases where the harm caused is greater than the harm avoided.
The defence of necessity is only available in cases where the harm caused is greater than the harm avoided.
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Study Notes
General Defences Part 2: Public and Private Defence
- Public/private defence justifies D's conduct in defence of certain public or private interests
- Private defence (common law):
- To defend yourself (self-defence)
- To defend others
- To defend property
- Public defence (Criminal Law Act 1967, s3):
- To prevent crime
- To effect or assist lawful arrest
- Private defence (common law):
- Allows accused a complete defence to use force to defend themselves or another person from an unjustified attack
Elements of Public/Private Defence
- The V must pose a threat
- The threat must be unjustified
- The use of force must be reasonable
- The amount of force used must be reasonable
- The D must be acting in order to defend themselves or property or another
- Exclusions: the defence will not apply to an offence committed by D without force, and will not apply in certain circumstances of prior fault
- Trigger: D must have believed (subjective) the force was immediately required in order to protect her public/private interests
- Response: the amount of force used by D must have been reasonable (objective) on the facts as believed them to be
- Exceptions: the core elements of the defence may be applied differently where D is a householder, is intoxicated, is insane, or delusional
Special Categories of D - Householder Defendants
- Situations where non-trespassers use force against trespassers
- R v Cheesman: D must believe V to be a trespasser
- R v Williams: V must be on the property when force is used
- What is reasonable force for householder defendants?
- Criminal Justice and Immigration Act s76: not to be regarded as reasonable if it was ‘grossly disproportionate’
- R v Ray: D was at home with X, V and X had a volatile and violent relationship, and V was unhappy about X's new relationship with D
Necessity
- Necessity is a vague and poorly defined defence
- It seems to operate on the balance of evils, permitting D's criminal conduct where it is ‘less evil’ than the evil that was averted
- F v West Berkshire Authority: sterilisation out of necessity
- Necessity of murder - duress by circumstance is not available to murder, so necessity is the next best option available for the D to avoid liability
- R v Dudley and Stephens
- RE A (Children)(conjoined twins surgical separation): declaration granted
- Brooke LJ based his decision on necessity out of 3 requirements for defence:
- The act is needed to avoid inevitable and irreparable evil
- No more should be done than is reasonably necessary for the purpose to be achieved
- The evil must not be disproportionate to the evil avoided
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Description
Test your knowledge of criminal law defences, including public and private defence, justified conduct, and prevention of crime. Learn about the Criminal Justice and Immigration Act 2008 and how it affects defence laws.
