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Guide to self defence laws in the UK

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Self defence is, understandably, the first legal defence many people think of if they are accused of a violent crime. However, whether it can actually be used as a defence will depend on a range of factors.

Self defence in the UK allows you to use reasonable force to protect yourself, others, or property. Whether it is lawful depends on the circumstances and whether the force used was proportionate to the threat you believed you faced.

What are the laws on self defence?

Laws on self defence in the UK are broadly established by a combination of common law and statute. Legal self defence in the UK allows for someone to use ‘reasonable force’ to defend themselves, another person, to protect their property, to prevent crime or to apprehend a criminal suspect.

It should be noted that you cannot use self defence in response to any civil infringements, such as trespassing. It can only be used if the offence against you is criminal in nature.

Common law

Under common law, violence could be theoretically used in self defence, so long as it is used in accordance with the ‘rule of law’ and the ‘preservation of the King’s Peace’. This means that self defence can be used in the wider context of upholding a peaceful and law-abiding society.

Statutory laws

  • Criminal Damage Act 1971 – Provides a defence where someone destroys another person’s property in the course of protecting their own property or the property of another.
  • Criminal Law Act 1967 – Allows a person to apprehend someone if they have reasonable cause to suspect that the individual has committed, or is committing, an arrestable offence.
  • Section 76 of the Criminal Justice and Immigration Act 2008 – Sets out how the law judges the use of force in self-defence. The court must assess whether the force used was reasonable based on the circumstances, as the defendant honestly believed them to be.

In some cases, it may be accepted early on that the force used was lawful, meaning the CPS may decide not to prosecute even where violence occurred.

What can you carry for self defence in the UK?

Carrying weapons in the UK is an illegal offence. There are certain exceptions, such as adults being permitted to carry a knife that is less than three inches in length and does not lock, but using this as a weapon would still be an illegal act.

A self defence spray, such as pepper spray, is another item which is illegal to carry, despite it being considered a common self defence item. While petitions have been previously lodged for pepper spray to be made legal, the government has currently no plans to legalise them.

Generally speaking, any product or item which is designed or adapted to cause personal injury will be illegal to carry, or any item intended by the person having it with him for use for causing injury to the person (this definition includes defensively as well as offensively).

It is legal to carry rape alarms, which can be purchased online and in select stores.

Can self defence be used for someone else in the UK?

Yes, you can act in ‘self defence’, even when you are helping someone else. This is if they are subject to a criminal act and the defendant’s actions are considered to involve reasonable force in the circumstances he believed them to be.

Can I use self defence if someone burgles my home?

You are allowed to use reasonable force to protect yourself, your family and your property during a burglary. You do not have to wait to be attacked before acting.

However, there are important limits. CPS guidance states that if you know an intruder is in your home, you should call the police if it is safe to do so. In reality, it is recognised that people often make fast decisions under extreme stress, and assessing the right level of force can be difficult.

You are not expected to weigh up every option in the moment, as long as you honestly believed your actions were lawful and necessary for self-defence. In “householder” cases, the law takes a more lenient approach: the force used is considered unreasonable only if it is grossly disproportionate to the threat you believed you were facing.

Can you go to jail for killing someone in self defence in the UK?

Yes. It is possible to go to jail if you kill someone and the force you used is judged to be excessive. This is known as using more force than was reasonably necessary for self-defence.

Whether a fatal act amounts to reasonable self-defence depends entirely on the circumstances as the defendant believed them to be. The court will assess the context to decide if the force used was justified.

Do you have to be physically attacked first to act in self defence?

Many people assume that you can only act in self defence if you have been physically attacked first. This is not necessarily the case. Depending on the circumstances, you may be justified in making what is known as a ‘pre-emptive strike’ in order to protect yourself or someone else.

There is no specific law to say that you must wait to be struck before you can act in self defence.  Again, the issue will be whether it was reasonable for the defendant to have used a pre-emptive strike, as well as the amount of force used.

Should you speak to a solicitor if you are being investigated in relation to an act of self defence?

If you have been forced to act in self defence, it may be the case that the police need to investigate further, especially where there may be question marks over whether reasonable or excessive force was used. In these situations, it is crucial that you speak to an expert criminal defence solicitor.

You could be liable to face heavy penalties in certain cases, demonstrating the importance of having robust representation on your side. You will need to have a clear understanding of your legal position and what actions could undermine your defence.

Speaking to a solicitor will not in any way harm your defence. It could instead make all the difference when it comes to avoiding charges or reducing a sentence where conviction is unavoidable.

At JD Spicer Zeb, our criminal defence solicitors have an in depth understanding of legal self defence in the UK and will be on hand to support you in this regard. We are experienced in representing clients at every stage of a police investigation and during any resulting prosecution.

Contact our criminal law defence solicitors today

For urgent specialist advice, immediate representation, or to speak to us confidentially about any type of criminal charges, please do not hesitate to get in touch with our specialist self defence solicitors.

You can contact a member of our dedicated team of criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 criminal defence lawyers & police station representatives

Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with allegations relating to self defence.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number 07836 577 556.