General defences are available in relation to a range of criminal offences rather than those which are available only in relation to a particular crime. Some offences have particular defences attached to them, for example, the adequate procedures defence to an offence under section 7 of the Bribery Act 2010 (failure to prevent bribery) and those defences which exist only in relation to murder. These defences are specifically dealt with in the relevant Practice Note relating to the offence. This subtopic deals solely with the general defences.
General defences are those which arise from specific characteristics of the defendant or the circumstances of the offence which mean that the prosecution cannot prove all the elements of the offence. They may result in an acquittal or they may reduce the defendant’s culpability to render them guilty of a lesser offence.
When investigating a suspected crime, there is a duty to consider evidence supporting any defence and general defences should be considered in every case.
The main general defences are:
automatism
intoxication
mistake
insanity
duress and necessity
self-defence, the
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AutomatismThere is a distinction between insane and non-insane automatism; insane automatism, otherwise known as insanity, does not provide a complete defence but rather a special verdict of ‘not guilty by reason of insanity’. However, a defence of non-insane automatism provides a total of defence
Self-defenceSelf-defenceSelf-defence is an absolute defence which applies in crimes committed by force, it applies even in cases of murder. If a jury finds that a defendant was acting in self-defence, they will be acquitted. The common law defence of self-defence was incorporated into statute with
AttemptA person is guilty of attempting to commit an offence if they do an act that is more than preparatory to the commission of the offence, with the intention of committing an offence. An attempt is an offence of specific intent. It requires an intention to commit an offence. The offence itself
Dishonesty in the criminal lawDishonesty provides the mens rea for multiple offences under statute and the common law. It is, however, not fully defined by statute. The exception is the Theft Act 1968 (TA 1968), which goes some way towards defining dishonesty but only insofar as certain offences
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