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Article Summary

This practice note provides an overview of the law on self-defence in England and Wales. It explains that self-defence is an absolute defence which applies even in murder cases if the defendant genuinely believed force was necessary and the force used was reasonable. The common law defence was codified in the Criminal Law Act 1967 and clarified by the Criminal Justice and Immigration Act 2008. The defence applies where the defendant uses reasonable force to defend themselves or others, prevent crime, make a lawful arrest, or protect property. Reasonableness depends on the circumstances as the defendant believed them to be. But self-induced intoxication negates the defence. There is no duty to retreat but failure to retreat where possible may count against the defence. In “householder” cases involving trespass, disproportionate force may be considered reasonable provided it is not grossly disproportionate. Once raised, the burden is on the prosecution to disprove self-defence. The defendant need not prove the defence applies. Overall the law aims to balance the right to self-defence against the need to control violence in society.