Guide to self defence laws in the UK

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.

Here, we discuss UK self defence laws in detail, including what actions would fall within the definition of self defence and whether you could potentially face criminal charges in certain scenarios.

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 – This defence is in relation to destroying another person’s property, when this occurs in the context of protecting your own property, or the property of another
• Criminal Law Act 1967 – A person will have a right to apprehend someone when they have reasonable cause to suspect they have committed, or are committing, an arrestable offence.
• Section 76 of the Criminal Justice and Immigration Act 2008 – This considers whether the use of force used in an act of self defence is lawful. The statute provides that when an issue of self defence arises, the question of whether the degree of force used by the defendant was reasonable in the circumstances is to be decided by reference to the circumstances as the defendant believed them to be.

It may be accepted at an early stage that the force used in an act of self defence was lawful, meaning the Crown Prosecution Service (CPS) may not prosecute in every case where violence is used.

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 have an entitlement to use reasonable force in order to protect yourself, your family, and your property if someone burgles your home. You do not necessarily need to wait to be attacked first before acting.

However, there are certain caveats to this which are important to keep in mind. CPS guidance suggests that, if you are aware that there is an intruder in your home, wherever possible the first step should be to call the police.

That being said, it is acknowledged that making such a decision in the heat of such a distressing moment can be difficult. Using the right level of force can be similarly tough to ascertain.

An individual is not necessarily expected to carefully weight up their options so long as they act in a way that they believe is lawful and is self defence.  In such “householder” cases, the issue of whether the degree of force used by a defendant is reasonable, is judged in a more lenient manner, in that the force would only be considered to be unreasonable if it was “grossly disproportionate" to the threat the defendant believed he faced.

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

In theory, self defence laws dictate that you could technically face jail time for killing someone under certain circumstances. Killing someone could amount to excessive self defence, which is where more force is used than what is considered reasonable.

As is always the case with these matters, the context will determine whether acts of self defence, even if they have led to a fatality, are considered to have involved reasonable force in the circumstances the defendant believed them to be.

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:

• City of London: 0207 624 7771 - our senior Solicitors and Partners can meet by appointment in the City.
• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333

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.