Self Defence
An argument of self-defence, when made as part of your defence against a criminal charge can go a long way in helping you achieve a not-guilty verdict, and in some cases may help you from being prosecuted entirely. Keep reading to find out more about the self-defence argument and when it can be used in criminal proceedings.
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What Is The Self Defence Law UK?
To be classified as self-defence action must fulfil both of the following requirements:
- The force used must be considered reasonable.
- The defendant has to have acted to prevent a crime from taking place.
When can the self-defence argument be used?
There are four types of situations in which a defence of self-defence can be entered:
- The first is the defence of another. This is when you are acting to protect someone else from harm.
- The second is self-defence, which is when you are acting to protect yourself from harm.
- The third is the lawful arrest/apprehension of offenders. This is when you are acting to help with the arrest of an offender.
- The fourth is during the prevention of come. This is when you are acting to stop someone from committing a crime, for instance, theft.
Although to be counted as self-defence the above criteria also need to be met, including it being ‘not excessive’.
Defining ‘reasonable force’
When it comes to self-defence reasonable force means:
- That the force used was reasonable in the circumstances
- That the use of force was necessary considering the circumstances.
Circumstances will of course differ from case to case, so meeting the above criteria of reasonable force will depend on the context of the individual case that is being fought at the time.
What is ‘excessive self-defence’?
Excessive self-defence is the opposite of reasonable force. It means that a person has used more than reasonable force in dealing with a situation. If you are found to have used excessive self-defence the CPS may prosecute you.
However, in such cases, arguing self-defence may still help to reduce your sentence, if not remove it altogether.
Circumstances will of course differ from case to case, so meeting the above criteria of reasonable force will depend on the context of the individual case that is being fought at the time.
Self Defence Laws Faqs:
No, a self-defence argument can also be used if you made a pre-emptive strike to protect yourself or stop a crime from happening.
Yes, you do not have to show you walked away from a situation first to argue self-defence.
This question is more complicated because an aggressor (someone that starts a fight) cannot use the self-defence argument. However, in cases where the defendant went looking for the victim and the victim struck first a self-defence case may be used.
