Diff: Self Defence
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Self defence, also spelled as self-defense, refers to the legal and ethical right of an individual to use reasonable force to protect oneself from physical harm or the threat of harm. It is a fundamental aspect of personal safety and is recognized as a lawful defence in many legal systems around the world. The concept of self defence is rooted in the principle that individuals have the inherent right to protect themselves and others from immediate danger. |
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'''Self-defence''' is the use of force to protect oneself or another person from unlawful violence. In England and Wales it is mainly a common law defence, supported by statutory rules on reasonable force. |
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== Legal Basis == |
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The legal basis for self defence varies from jurisdiction to jurisdiction, but it generally includes the following key principles: |
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The central question is not whether the person was perfectly calm or made the best possible decision afterwards. The question is whether they honestly believed force was needed, and whether the force used was reasonable in the circumstances as they believed them to be. |
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=== Proportionality === |
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Self defence typically requires that the level of force used is proportionate to the threat faced. In other words, the force used should not be excessive and should reasonably match the level of danger posed by the attacker. |
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== England and Wales == |
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Self-defence applies where a person uses force to defend themselves or someone else. Closely related rules cover defence of property, prevention of crime, and assisting a lawful arrest. |
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=== Immediacy === |
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The threat must be imminent and immediate for self defence to be justified. The use of force is generally considered lawful when it is necessary to prevent or respond to an ongoing threat. |
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Section 3 of the Criminal Law Act 1967 allows a person to use force that is reasonable in the circumstances to prevent crime or to effect or assist a lawful arrest. Section 76 of the Criminal Justice and Immigration Act 2008 explains how courts assess reasonable force for self-defence, defence of property, prevention of crime, and lawful arrest. |
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=== Reasonableness === |
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The use of force must be objectively reasonable under the circumstances. A person claiming self defence must demonstrate that a reasonable person in their situation would have perceived a threat and responded in a similar manner. |
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== Basic Test == |
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The usual test has two parts: |
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=== Retreat === |
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In some jurisdictions, individuals may have a duty to retreat if safe options to avoid the threat are available. However, many jurisdictions recognize the "stand your ground" principle, which allows individuals to use force to defend themselves even if they could have retreated. |
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* Did the person honestly believe that force was necessary? |
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* Was the force used reasonable in the circumstances as the person believed them to be? |
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== Forms of Self Defence == |
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Self defence can take various forms, including: |
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The belief can be mistaken, but it must be genuinely held. The force is then judged against the circumstances as the person believed them, not with perfect hindsight. |
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=== Physical Force === |
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This involves using physical actions to protect oneself or others, such as blocking an attack, restraining an assailant, or delivering a counterattack to neutralize the threat. |
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== Reasonable Force == |
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Reasonable force is fact-specific. The same action may be lawful in one situation and excessive in another. Relevant factors include the threat, the number of attackers, weapons, size and strength, location, opportunity to escape, protection of others, and how quickly events unfolded. |
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=== Non-lethal Force === |
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Non-lethal methods, such as pepper spray, stun guns, or tasers, are used to incapacitate an attacker without causing fatal harm. |
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People under attack are not expected to measure force with precision. A person may act instinctively in the heat of the moment. However, force used for revenge, punishment, or after the threat has ended is much harder to justify. |
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=== Deadly Force === |
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Deadly force, such as using a firearm, is considered a last resort and is typically justified only when there is an immediate threat of serious bodily harm or death. |
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== No Strict Duty to Retreat == |
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There is no simple rule that a person must retreat before defending themselves. An opportunity to leave can still matter when deciding whether force was reasonable. If escape was easy and safe, continuing a confrontation may weaken a self-defence claim. If escape was not realistic, force may be easier to justify. |
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== Cultural and Ethical Considerations == |
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The concept of self defence is deeply ingrained in various cultures and belief systems. Ethical considerations surrounding self defence often involve assessing the value of human life, the protection of innocent individuals, and the preservation of personal autonomy. |
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== Householder Cases == |
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Householder cases have a special statutory rule. In some home-intruder situations, force is not automatically unlawful merely because it was disproportionate. It cannot be grossly disproportionate. This rule does not give a licence to punish intruders. The court still looks at the circumstances as the householder believed them to be. |
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== Self Defence Training == |
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Many individuals seek self defence training to learn techniques and strategies for protecting themselves. Self defence classes often focus on teaching practical skills, situational awareness, and conflict de-escalation techniques. |
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== Weapons and Objects == |
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Using an object as a weapon does not automatically make self-defence unlawful, but it increases scrutiny. A person who grabs an object during an unexpected attack may be judged differently from someone who arms themselves in advance and goes looking for confrontation. |
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== International Law == |
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The right to self defence is also recognized under international law. Article 51 of the United Nations Charter acknowledges the inherent right of individual or collective self defence in response to an armed attack. |
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Possession and use are separate questions. For example, section 139 of the Criminal Justice Act 1988 has an exception for a folding pocketknife with a cutting edge of three inches or less, provided it is genuinely folding and non-locking. That exception concerns possession under that section. Using any knife in a fight is a separate and much more serious question judged on necessity, reasonableness, and the facts at the time. |
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== Clothing and Appearance == |
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Unusual clothing, tactical-style clothing, face coverings, body armour, or dark clothing do not by themselves decide whether self-defence is available. They may become relevant if they show planning, intimidation, concealment, or lawful protective purpose. The legal question remains focused on the threat, the person's honest belief, and the force actually used. |
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== Practical Examples == |
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=== Multiple Attackers === |
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A person is attacked by two people in the street and is being punched, kicked, and stomped. If they honestly believe serious injury is imminent, the law may allow significant defensive force. The reasonableness of any force will depend on what they believed, what options existed, and whether the force stopped when the danger stopped. |
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=== Distraction to Escape === |
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A person uses a distraction to escape an ongoing attack rather than to injure the attackers. That may support necessity, although any public order, damage, or safety issue would still be judged on its own facts. |
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=== Retaliation After Escape === |
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A person escapes, returns later with others, and attacks the suspected aggressor. That is no longer immediate self-defence. It is likely to be treated as retaliation. |
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=== Defence of Another Person === |
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A witness sees someone being seriously assaulted and uses reasonable force to pull the attacker away or restrain them until police arrive. That may be justified as defence of another person, prevention of crime, and possibly assistance with lawful arrest. |
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== Police and Members of the Public == |
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Police officers and members of the public are both subject to the law on reasonable force. Police may have additional powers and duties, but the use of force still has to be justified. The CPS states in guidance on deaths in custody and police contact that police are subject to the same laws of self-defence and reasonable force as members of the public. |
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== See Also == |
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* [[Citizen's_Arrest]] |
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* [[Criminal_Law_Act_1967]] |
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* [[Police_and_Criminal_Evidence_Act_1984]] |
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* [[Vigilante]] |
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== References == |
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* [https://www.legislation.gov.uk/ukpga/1967/58/section/3 Criminal Law Act 1967, section 3] |
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* [https://www.legislation.gov.uk/ukpga/2008/4/section/76 Criminal Justice and Immigration Act 2008, section 76] |
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* [https://www.legislation.gov.uk/ukpga/1988/33/section/139 Criminal Justice Act 1988, section 139] |
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* [https://www.cps.gov.uk/publication/householders-and-use-force-against-intruders Crown Prosecution Service: householders and use of force against intruders] |
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* [https://www.cps.gov.uk/prosecution-guidance/deaths-custody-including-following-contact-police Crown Prosecution Service: deaths in custody, self-defence and reasonable force] |
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* [https://assets.publishing.service.gov.uk/media/5a82f31ced915d74e3404623/20170523-Chapter_12-Defences_Mitigation_Criminal_responsibility-AL42-v1.pdf Ministry of Justice: defences, mitigation and criminal responsibility] |
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[[Category:Law]] |
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[[Category:Criminal law]] |
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[[Category:UK law]] |