Defences

Defences

General defences in criminal proceedings

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, and
•
self-defence,

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Corporate Crime News

DBT announces new powers to regulate online marketplaces under PRAM Act

The Department for Business and Trade (DBT) has announced that the Product Regulation and Metrology Act 2025 (PPRAM Act) has received Royal Assent, introducing new regulatory powers aimed at improving product safety standards across online marketplaces. The legislation responds to concerns about the sale of unsafe goods—particularly lithium-ion batteries linked to 211 reported fires in 2024 involving e-bikes and e-scooters—and seeks to align online platforms with the obligations placed on physical retailers. Under the Act, marketplaces will be required to take steps to prevent unsafe products from being listed, ensure sellers meet product safety requirements, provide clear information to consumers, and cooperate with regulators. The measures form part of the government’s Plan for Change and are expected to affect approximately 300,000 UK businesses operating in regulated product markets, with a combined turnover of £490bn.

Health and safety prosecution round-up—21 July 2025

A round-up of the latest health and safety prosecutions, including a newsagent company fined after a worker was injured in a fall from a defective stepladder.

FCDO announces reduction in Russian crude Oil Price Cap mechanism

The Foreign, Commonwealth & Development Office (FCDO) has announced that the UK and EU will reduce the Russian crude oil price cap from $60 to $47.60 per barrel, effective 2 September 2025. The measure maintains existing caps on refined products. A 45-day wind-down period until 17 October 2025 applies to trades contracted before the implementation date that comply with the current $60 cap. The action modifies the December 2022 price cap mechanism that prohibits G7 companies from providing shipping and insurance services for Russian oil sold above the cap price.

Independent Water Commission publishes final report on water sector regulatory reform

The Independent Water Commission (IWC) has published its final report setting out 88 recommendations to reform the regulatory framework of the water sector in England and Wales, alongside a summary of over 50,000 responses to its February 2025 call for evidence. Building on preliminary conclusions released in June 2025, the report outlines recommendations across seven key themes: (1) strategic direction and planning; (2) legislative framework; (3) regulator reform; (4) regulation reform; (5) company structures, ownership, governance and management; (6) infrastructure and asset health; and (7) implementation. The report has been submitted to the UK and Welsh governments, which will respond and consult on the proposals, including potential legislation. The government also confirmed plans to fast track five of these recommendations, including the establishment of a new single water regulator to replace Ofwat. In autumn 2025, it will publish a White Paper outlining its full response to the IWC's final report, alongside an associated consultation. Following this, a new Water Reform Bill will be introduced early in the current parliamentary term.

View Corporate Crime by content type :

News