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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.
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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
can’t beat’em join’em
My fiancée just attacked on door step putting bins out
Police said as you know him can’t take statement!!!
Hello Pritan, thank you for your comment. Sorry to hear about your circumstances. If you need legal advice for this matter please book in a consultation by calling 0203 007 5500 or emailing [email protected]
London full off criminals ..police are are the same
I am planning a trip to London and was advised to go armed with an automatic rifle. Will the police look at this unfavourably if I carry it in my hands or should I keep it in a case?
case for sure
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.
Move to the land of the free brother I used to want to move to the uk because I like the culture and I k ow it sounds Grimm but I like the weather too lol but as soon as I read you guys have basically 0 rights I was like nah I’m good
I suppose just have something to defend yourself always regardless of the law at least you will live at the end of it and truth will prevail when you are taken to court coz of it.
But just carry them with normality and not show it off so police will not see a reason to suspect you and stop and search you . Main thing
Leave then lmao, if you don’t like it here go back to whatever shithole you’re from
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.
All governments on this planet are criminal mafias, but that’s coming to an end real soon.
Ken, instead of dreaming up ridiculous conspiracy theories you need to get some kip. It’s 2.45am! Haven’t you got work in the morning!?
So it is illegal to have a cricket baton in my house, someone tried to open my wife’s car as she was waiting for the mist to clear, luckily she had locked the car, she just had to drive off consciously. So if she had called me on phone and i got out of the house with a baton, would you regard that as illegal trying to defend my family? that is bullshit
Read the statement again. It never said that
Why do you think I left the UK and all it’s crap laws? I now live in the US, where it *IS* legal to blow the knee caps off an intruder.
I own a Magnum 500, 50 caliber handgun, and I’ve only had to use it once, during a home invasion, when I shot dead 2 burglars carrying shotguns, and I wasn’t even arrested, it didn’t even go to court, all that was said after a lengthy investigation, was “they shouldn’t have been in the house in the first place”.
Now, if that happened in the UK, according to UK law, I should have let the burglars ransack the house, and shoot me if they saw me, just so that a crime would have taken place, and if I had shot them, then I would have been charged with murder.
All the cops do in the UK, is drink tea, chase down speeders, maybe, just maybe arrest a few drunks in the streets, but that’s about it, burglary? Forget it. Being the victim of assault? Wait nearly a year before anything is done.
Thank God the US founders instituted the Second Amendment. Even possession of Pepper Spray is illegal in the UK – why? This is a crock! The poor citizens of Britain are at the mercy of the bad guys. Too bad!
Move to the land of the free brother I used to want to move to the uk because I like the culture and I k ow it sounds Grimm but I like the weather too lol but as soon as I read you guys have basically 0 rights I was like nah I’m good
That’s bullshit, you can use lethal force in the uk if your family is under immediate threat of death. I know this for a fact. But if they are leaving your property or there is no lethal threat you can’t continue with lethal force
I would never move into UK. This prohibiting of self-defence sounds like dictatorship, and what worse, cops will not protect common people.
Thank God the US founders instituted the Second Amendment. Even possession of Pepper Spray is illegal in the UK – why? This is a crock! The poor citizens of Britain are at the mercy of the bad guys. Too bad!
I live in the US. British ex pat. No matter the political, personal or pre conceived ideas the rest of the world may hold. The regular Joe is afforded by law and the irrefutable constitution. Rights and freedoms that could only be dreamt of by other supposed “free countries “.
The system is not perfect. But if used in self defense of you or those you love, a legal privelidge. To carry or own in your home a means to defend with 100% threat elimination is priceless.
It isn’t easy for those denied these privileges to understand the sense of safety, of being placed on an even footing with the meanest toughest punk out there.
Mental health IS a massive issue.
And the vast majority of owners are strongly in favor of tighter right of ownership measures. But along with many other undeniable abilities and a savvy public. The rights you have in interactions with police, when wronged or harmed through the negligence or malice of an others. Are precious beyond any false statements of the danger fed to you by your government. If the US. Falls victim to any of the restrictions placed on others of this planet. It will be a sad day in reflection, as to the supposed intelligence we as a species afford ourselves
I live in the UK, 3 years ago I was sleeping at about 1:10am and I heard people speaking, coming from my living room. Turns out a Man who goes by the name of ‘B-Lewis’, from South East London had crawled through my cat-flap (a door for cats), opened my door and once he was inside he proceeded to let 9 other grown men dressed in all black clothes with balaclavas on each and every one of them. I know this as I have security cameras connected to my phone with the MyCams app. I saw these men on my phone and froze instantly. I used to be a law enforcements officer so I am very up to date with the UK’s ‘Self defence act of 1964’ – which states that no member of the public should for any reason be in possession of a bladed article/weapon (which includes pencils) on your person or in their home. One of the men ran upstairs and within 5 seconds was staring at me dead in the eye. He grabbed me and covered my mouth, I had no time to scream, he then did some unexplainable things to me. Long story short I only have three toes left combined as well as having a 2 year old son. My son is a blessing never the less, even though his father is a disgusting criminal rapist, he is still part of our child’s life with us getting married in 3 months. Overall I was once apart of the UK law System, therefore I swear to stand by all rules and regulations and suffer the consequences. Take this as a lesson, your country knows what’s best for you!
what about a spray that isn’t intended to be harmful like Farbgel, which just sprays a bright red dye that is difficult to wash out for the sake of identifying criminals after the fact? i guess it could be sprayed into the eyes though, but surely just about anything could be described as harmful that way?
and another question would be what if i were to carry something like a riot shield?
I had a situation where I saw three people breaking into my house on my security cameras. I was confronted by one of them in my friend’s home across the road and he had an expandable friction lock baton raised ready to strike. I’m a Royal Marines Commando Veteran, I controlled the weapon and took him to the floor landing on top of him, he broke his collar bone in the fall. I knew who this person was so I confiscated the weapon to hand to the police. Instead of him being arrested the Police arrested me and charged me with GBH with intent. I spent an appalling 4 weeks on remand in one of the UK’s worst prisons until all charges were dropped two days before the court date. The other guy was never arrested even though I had video of him breaking into my house and he was in possession of an offensive weapon.
The police did nothing, my wife and I have now moved out of our house due to the abuse we have suffered. We are both veterans…..I suffer with PTSD, we are of previous good character and have no convictions …….this is what you get for serving your Country! Which city do we live in you may ask?………we live in a small village in North Dorset. We both now have a serious fear and distrust of the police and wouldn’t bother calling them for anything.
Anyone who believes a word of this utter bullshit wants their head testing!
Thank you for your service to this once great country. It must be truly devastating to see what it has become today. I wish you well for your future, but suspect it will only get worse.
Disarm the people, prevent free speech, control the population is the Hallmark of a totalitarian state.