Self defence

Question 1

Where are the rules for self-defence set out?

Answer 1

It is rooted in both common law and statute

Question 2

What statute defined self defence?

Answer 2

s3 Criminal Law Act 1967

Question 3

How is self defence defined in statute?

Answer 3

“A person may use such force as is reasonable in the circumstances in the prevention of crime or in assisting the lawful arrest of offenders or suspected offenders, or of persons unlawfully at large”

Question 4

In which case did the defendant exceed reasonable force?

Answer 4

R v Hussain and another

Question 5

Which statute set out the amount of force that can be used in self defence?

Answer 5

s76 Criminal Justice and Immigration Act 2008

Question 6

How much force can householders use in self-defence?

Answer 6

Any force up to, but not including, grossly disproportionate force

Question 7

Which case showed that a defendant who has a genuine mistaken belief can still use self defence?

Answer 7

R v Williams (Gladstone)

Question 8

What are the three key elements of self defence?

Answer 8

Necessity, reasonableness and honest belief

Question 9

Can a defendant who is voluntarily intoxicated rely on self-defence if they make a drunken mistake?

Answer 9

No (R v O’Grady)

Question 10

Is a pre-emptive strike allowed?

Answer 10

Yes