Defences

Defences guidance:

Definition of automatism An act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done...

Practice Note

Duress by threats Duress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and potentially treason. The defence arises...

Practice Note

Intoxication General defences are those which arise from specific characteristics of the defendant or the circumstances of the offence which mean that the prosecution...

Practice Note

Self defence Self defence is an absolute defence based on the evidence which can apply in crimes committed by force. Section 76 of the Criminal Justice and...

Practice Note

What is the defence of insanity? Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates' court and the Crown...

Practice Note