General Defences

What this unit covers

This unit sits in the Extending Liability and Defences strand of Criminal law. The resources look at the defences a defendant can raise, one by one. You will find duress, insanity, automatism, intoxication, self-defence and the prevention of crime, necessity, consent, diminished responsibility and loss of control. There is also a mind map on ignorance of the law.

Where to start

Begin with the General Defences mind map. It sets out duress, including the point that threats must be of death or personal injury, and that a threat to property is not enough. Next, open the Duress mind map, which explains why the defendant has an excuse when effectively forced to offend.

1. Read the Insanity mind map, which covers the M'Naghten Rules, defect of reason and disease of the mind.
2. Move to the Automatism mind map to see how insane and non-insane automatism differ, and who carries the burden of proof.
3. Read the Intoxication mind map, which shows that intoxication is not a defence as such but bears on mens rea.

Using maps, cards and quizzes together

Maps give you the structure. Flashcards then fix the cases. The deck A2 Law: Cases - Defence of Automatism covers Bratty and Hill v Baxter, and the Self-Defence Essay & Case Cards AO1 deck helps with essay points such as reasonable force and the burden of proof. After that, try the Self Defence quiz, which uses fill-in-the-blank questions on self-defence as a justificatory defence. Note any gaps and go back to the matching map.

Evaluation and essays

Some resources go beyond the rules. Look for the notes on evaluating insanity and automatism, the notes on evaluation and reform of defences, and the Insanity Evaluation mind map. These suit A-level Law essay practice and university-level discussion of criticisms.

Make it your own

Pick the defence you find hardest, work through its map and cards, then build your own summary to check what you remember.