Self Defence: S3 Criminal Law Act 1967

Self Defence: S3 Criminal Law Act 1967

1. A person may use such force as is reasonable in the circumstances in the prevention of a crime

2. Was the use of force necessary?

   • Hussain, jury will look at the facts from point of view of defendant
   • S76 Criminal Justice and Immigration 2008, where D makes genuine mistake as to facts they must be judged according to facts as they believed them to be
   • O'Grady, D can not rely on nay mistaken belief if mistake is made due to D being voluntarily intoxicated
   • Beckford, D doesn't have to wait for an attack before they use force, pre-emptive strike

3. Was the force used reasonable in the circumstances?

   • S76 Criminal Justice and Immigration 2008, a person acting for a legitimate purpose may not be able to weigh to a nicely the exact measure of the necessary action
   • Clegg, if any force is excessive the defence will fail
   • if its revenge/retaliation no defence
   • Martin, it is not appropriation to take account whether D suffered a psychiatric condition, when deciding if force was reasonable
   • Crime and Courts Act 2013, rule differs for a householder when an intruder enters their property