The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
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 Immigration Act 2008 (CJIA 2008) was introduced to put a gloss on the common law defence of self defence. Self defence, as a defence where reasonable force has been used, can take the form of:
defence of the person themselves
defence of another person
defence of property
the prevention of crime, and
the lawful arrest and the apprehension of offenders
Where force is used in self defence under the statutory defence, it must be reasonable in all the circumstances to have done so.
Both reasonableness and necessity are requirements of the common law defence.
The defence of self-defence has two limbs. The first is whether the defendant genuinely believed that it was necessary to use force to defend him or herself. The second is whether the nature and degree of force used was reasonable in the circumstances.
The defendant must have an honestly held belief that their use of force was necessary and the force used must not be excessive or disproportionate. Reasonable force is force which is proportionate to the threat the defendant honestly believed they faced. The test is a person may use such force as is reasonable in the
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234