• Common Law:-     Self Defence (private Defence)

• Statue Law:-     Criminal Law Act 1967 sec 3 (1)       

                        Human Rights Act 1998 Article 2 (HRA 98)    

Force may be used to:-

• Defend Oneself

• Defend Another

• Defend Property

• Make an arrest

• Prevent a crime

Objective View:- Based on the following.

Reasonable:- (Criminal Law Act 1967 sec 3 (1))

• Honestly held belief at the time?

• Would another reasonable person have held the same belief?

• Would another reasonable person have used that level of force in that situation?

Necessary:- (Defence of Necessity)

• Was the force used absolutely necessary? (HRA 98 Article 2 )

• Was force stopped when no longer necessary?(HRA 98 Article 2/3 )

• Was there another means available?

• Did you try to use those means first?

Proportionate:-

• Was the force used proportionate to the wrong (evil) it was stopping (avoiding)?

• Relative strengths of the parties involved, numbers?

• Training and experience, sex and age and weapons used?

Thin Skin Rule:- You take the other person as you find them. 

Pre-Emptive Strike:-

• There is a good deal of case Law covering self defence , including circumstances which may justify a pre-emptive strike where there is an honestly held belief of imminent danger and there is no alternative.

• The action taken MUST be justifiable in the circumstances.

ASSAULT:-Defined by common Law and the criminal justice Act 1988

• Assault:- The placing of a person in fear that unlawful force will be used against them

• Battery:- the placing of hands/ application of force to another.

Offensive Weapons:-

• Anything designed, adapted, intended or modified to cause injury to another.

• It is an offence to have an offensive weapon away from your abode with no lawful excuse.

• The onus lies on you to prove your innocence.