Self Defence in UK Law

Leading Cases
  • Bici and Another v Ministry of Defence
    • Queen's Bench Division
    • 07 April 2004

    In trespass, any unlawful interference with the bodily integrity of the claimant will not be unlawful if it is justified, and it will be justified if the defendant can establish that the claimant's conduct was such that the defendant reasonably apprehended that he would be imminently attacked and used reasonable force to protect himself.

  • Wilson v Pringle
    • Court of Appeal (Civil Division)
    • 26 March 1986

    But, apart from these special instances where the control or constraint is lawful, a broader exception has been created to allow for the exigencies of everyday life. Although such cases are regarded as examples of implied consent, it is more common nowadays to treat them as falling within a general exception embracing all physical contact which is generally acceptable in the ordinary conduct of daily life.

  • Ashley v Chief Constable of Sussex Police
    • House of Lords
    • 23 April 2008

    As to the first issue, the test of self-defence as a defence in a civil action is well-established and well-understood. There is no reason in principle why it should be the same test as obtains in a criminal trial, since the ends of justice which the two rules respectively exist to serve are different. There is nothing to suggest that the civil test as currently applied causes dissatisfaction or injustice and no case is made for changing it, even if that were an appropriate judicial exercise.

    But every person has the right also to protect himself by using reasonable force to repel an attack or to prevent an imminent attack. The balance struck is serving a quite different purpose from that served by the criminal law when answering the question whether the infliction of physical injury on another in consequence of a mistaken belief by the assailant of a need for self-defence should be categorised as a criminal offence and attract penal sanctions.

  • DPP for Northern Ireland v Lynch
    • House of Lords
    • 12 March 1975

    The judges have always assumed responsibility for deciding questions of principle relating to criminal liability and guilt and particularly for setting the standards by which the law expects normal men to act. I would leave cases of direct killing by a principal in the first degree to be dealt with as they arise.

  • R v Mowatt
    • Court of Appeal (Criminal Division)
    • 20 June 1967

    The function of a summing-up is not to give the jury a general dissertation upon some aspect of the criminal law, but to tell them what are the issues of fact on which they must make up their minds in order to determine whether the accused is guilty of a particular offence.

  • R v Abraham
    • Court of Appeal (Criminal Division)
    • 08 June 1973

    Surely it is this: give a clear, positive and unmistakeable general direction as to onus and standard of proof; then immediately follow it with a direction that in the circumstances of the particular case there is a special reason for having in mind how the onus and standard of proof applies, and going on to deal in, for example, the present case with the issue of self-defence and to tell the Jury something on these lines:

See all results
Legislation
  • Crime and Courts Act 2013
    • UK Non-devolved
    • January 01, 2013
    ...... . (7) The first way is by the NCA itself-. . . (a) preventing and detecting organised crime and serious crime,. ...(h) the chief constable of the Ministry of Defence Police;. . . "customs revenue official" has the same meaning as in the ......
  • Coroners and Justice Act 2009
    • UK Non-devolved
    • January 01, 2009
    ...... . (5) In proceedings for an offence under this section, it is a defence for the defendant to show that he had, and has continued to have, a ... . . (b) to form a rational judgment;. . . (c) to exercise self-control. . . (1B) For the purposes of subsection (1)(c), an abnormality ......
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ...... “Defence and Security Regulations” means the Defence and Security Public ... or civil engineering works taken as a whole which is sufficient in itself to fulfil an economic or technical function; but “works” is to be ......
  • Criminal Justice and Immigration Act 2008
    • UK Non-devolved
    • January 01, 2008
    ...... . . (4) It is a defence for a person charged with an offence under sub-paragraph (2) to prove that ... . (a) the image itself, and. . . (b) (if the series of images is such as to be capable of ......
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
See all results
Forms
  • Chapter DMBM525940
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Prior to Self Assessment. Before Self Assessment the statutory due date of Class 4 ..., an enforcement action for a determination is not susceptible to a defence of limitation. Determinations superseded by a self assessment. HMRC has 5 ......
  • Chapter DMBM665830
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... for a Revenue determination, the defendant may submit a defence on the grounds that a lesser figure is due. The defendant may have already ...Self assessment not filed at time of hearing. If a return has not been filed, ......
  • Chapter DMBM665770
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Reply to the defence. There is only limited scope for a defendant to dispute claims for tax and ... where the claim is based on the defendant’s own return or self assessment. Technically, the vast majority of defences are unlikely to ......
  • Chapter DMBM665860
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... You should be able to deal with the vast majority of defences to court actions where the NIC liability is disputed, for example where ... send all the documents to NICO, Self Employment Services (SES), Room BP3002, Warkworth House, Benton Park View, ......
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT