In this article
Self defence is one of the most common defences used in criminal law. This form of defence is known as an ‘absolute defence’. An absolute defence means that somebody can avoid criminal charges if the defence is successful.
If you’re facing a criminal charge and you want to argue self defence, please visit our criminal defence page or contact our solicitors directly on 020 3007 5500.
What is self defence?
In criminal law, self defence is where someone counteracts an attack or potential attack to defend themself against any harm. Self defence is a common defence used in criminal law to defend a crime committed by force.
However, although the law allows someone to defend themselves, they may do, but only do, what is reasonably necessary. In other words, a person may only use force in reasonable circumstances to prevent crime or assist arrest.
Talk to us now. Save costs further down the line.
Save yourself potentially thousands of pounds by seeking advice now. Speak to us today for more information.
Lines open 24/7
020 3007 5500
Arguing for reasonable force.
Someone can successfully argue self defence if it’s clear they acted reasonably and in good faith. Therefore, if someone has done what they honestly felt was necessary in the heat of the moment, this is the best defence for them acting lawfully.
Anyone who’s arguing self defence must have only used force for:
- Self defence
- Defence of another
- Defence of a property
- Prevention of crime
- Assist a lawful arrest
When a prosecutor assesses whether the force used was reasonable, they will consider two things, which are:
- Was the force necessary considering the circumstances? I.e. was there any need for the force at all? For example, if someone shouted at you for being in the way, it’s not a necessary force for you to punch them in the face.
- Was the force used reasonable in the circumstances? For example, if someone shoves you and you stab them, this will likely be considered unreasonable.
These things are key when assessing your case.
Are self defence weapons legal in the UK?
In the UK, it’s illegal for any member of the public to carry a lethal or non-lethal self defence weapon. The maximum sentence for possessing a weapon in the UK is 6 years in prison, whilst possessing firearms is 10 years.
What about self defence sprays?
Under the Firearms Act 1968, the act of purchasing, acquiring or possessing any item that discharges any form of harmful gas, liquid or something else is illegal.
However, although defence sprays are illegal for public possession, it’s legal for law enforcement to use pepper spray for riot and crowd control when reasonable.
Did you know?
A petition was created for the UK Government to make it legal to carry non-lethal self defence weapons. This petition closed on 10 September 2021 after only receiving 35,617 of the required 100,000 required signatures.
What about proof?
If you argue self defence, it’s in the hands of the prosecutor to prove that the act wasn’t in self defence.
The prosecution must identify sufficient evidence to satisfy a jury beyond reasonable doubt that the defendant was either:
- Not acting to defend themself or another person.
- Not acting to protect property, prevent a crime or assist in arrest.
- Acting in good faith, but the force used was excessive.
For example, suppose someone is arguing self defence in a murder case, but multiple eyewitnesses saw the defendant chasing after the victim with a baseball bat. In that case, the jury may determine that the force used was excessive.
Why contact Britton and Time Solicitors?
Criminal law is a highly complex area of law, which has severe repercussions if you mishandle your case. Therefore, you need to make sure that you contact a criminal defence solicitor as soon as possible. At Britton and Time, our criminal defence solicitors can support you with the following:
- Representation during questioning
- Advice on the potential defences available to you
- Advice on whether you should take a plea
- An application for bail, when necessary
- Preparation for trial
- Representation in court
- Assistance on making appeals, if necessary
To contact our criminal defence solicitors, please visit our criminal defence page or call us directly on 020 3007 5500.
I almost get kill in my house and police don’t give a fuck ..this is London shit.. maybe I need a gun to defend myself.. fuck London police
London full off criminals ..police are are the same
And that is why the criminals love the UK with is comical laws.
yo are bo staff illegal. like let says someone police just see me walking around with one on my back, am i getting arrested?
I live in an extremely dangerous area in the UK full of drug addicts, roadmen and gang members. Today someone I know got a serious knife threat today, and I know I’m likely next because me and this person hang out a lot in public, and the dude giving the threat doesnt like ME either. I can’t believe you can’t properly defend yourself against people with LETHAL weapons. Fuck you UK.
I live in an extremely dangerous area in the UK full of drug addicts, roadmen and gang members. Today someone I know got a serious knife threat today, and I know I’m likely next because me and this person hang out a lot in public, and the dude giving the threat doesnt like ME either. I can’t believe you can’t properly defend yourself against people with LETHAL weapons. Funny thing is IVE gotten rape, assault, and death threats before. And I couldn’t even defend myself. Imagine what woulda happened if I didn’t run away. Fuck you UK.
The legal system in the U.K. does nothing to protect the average citizen from crime. Police are more interested in handing out speeding tickets than investigating genuine crime. The solve rates are almost non-existent. People take the law into their own hands because the criminal justice system is broken. There should be no legal protection at all for anyone who attacks you or enters your home. If they don’t want to face retaliation don’t do it in the first place! That would reduce a lot of crime.