Self defence

PUBLIC - S3 CRIMINAL LAW ACT 1967

-D USES REASONABLE FORCE TO PREVENT CRIME OR ASSIST IN LAWFUL ARREST

PRIVATE - S76 CRIMINAL JUSTICE AND IMMIGRATION ACT 2008

-D USES REASONABLE FORCE TO PROTECT HIMSELF, ANOTHER, OR PROPERTY

FORCE MUST BE NECESSARY (SUBJECTIVE - WHAT D THINKS)

-CAN'T BE REVENGEFUL OR RETALLIATORY 

(BECKFORD - CIRCUMSTANCES MAY JUSTIFY A PRE-EMPTIVE STRIKE) (BUCKLEY V DPP - BEYOND WHAT WAS NECESSARY IN CIRCUMSTANCES)

THREAT MUST BE IMMINENT (IMMEDIATE THREAT)

-D DOESN'T HAVE TO WAIT TO BE ATTACKED

(AG'S REF NO. 2 OF 1983 - D MUST NOT CREATE THE THREAT) (MALNIK - D MUST NOT GO LOOKING FOR THE THREAT)

NO OBLIGATION TO RETREAT 

(BIRD - IF RETREAT AVAILABLE AND NOT USED, MAY BE NO FORCE NECCESSARY)

AMOUNT OF FORCE USED:

PRIVATE - SUCH FORCE AS IS REASONABLE IN THE CIRCUMSTANCES

PUBLIC - PERSON MAY NOT BE ABLE TO WEIGH TO A NICETY THE EXACT MEASURE OF ANY NECESSARY ACTION SO IS WHAT THE PERSON HONESTLY AND INSTINTIVELY THOUGHT WAS NECESSARY

REASONABLE FORCE OR DEGREE OF FORCE (SUBJECTIVE AND OBJECTIVE)

-USE FORCE THAT IS OBJECTIVELY REASONABLE IN THE CIRCUMSTANCES BUT IN THE CIRCUMSTANCES D PERCIEVES THEMSELF TO BE IN 

(OWINO - NOT WHAT D THINKS IS REASONABLE IN CIRCUMSTANCES) (CLEGG - THREAT NO LONGER IMMINENT SO FORCE WAS EXCESSIVE) (MARTIN - IF EXCESSIVE FORCE DUE TO PSYCHIATRIC DISORDER SELF DEFENCE NOT APPROPRIATE) 

MISTAKE AS TO NEED FOR OR EXTENT OF FORCE

-D MUST BE JUDGES ON THEIR GENUINE MISTAKEN VIEW OF THE FACTS NOT IF THE MISTAKE WAS REASONABLE OR NOT

(WILLIAMS - GENUINE MISTAKE AS TO NEED FOR FORCE) (O'GRADY - NO DEFENCE IF MISTAKE DUE TO INTOXICATION)