However, section 3 only applies to crime and not to civil matters. There is an obvious overlap between self-defence and section 3. Section 3 applies to the prevention of crime and effecting, or assisting in, the lawful arrest of offenders and suspected offenders. "A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large." The common law approach as expressed in Palmer v R is also relevant to the application of section 3 Criminal Law Act 1967: It is both good law and good sense that he may do, but only do, what is reasonably necessary." "It is both good law and good sense that a man who is attacked may defend himself. The basic principles of self-defence are set out in Palmer v R, AC 814 approved in R v McInnes, 55 Cr App R 551: Self-defence is available as a defence to crimes committed by use of force. Guidance The Law and Evidential Sufficiency If there is sufficient evidence to prove the offence, and to rebut self defence, the public interest in prosecuting must then be carefully considered. The prosecution must rebut self-defence to the criminal standard of proof. When considering the sufficiency of the evidence in such cases, a prosecutor must be satisfied there is enough reliable and admissible evidence to rebut the suggestion of self-defence. The guidance in this section should be followed in determining whether the Code tests have been met. When considering cases where an argument of self-defence is raised, or is likely to be raised, you should apply the tests set out in the Code for Crown Prosecutors, refer to the Code for Crown Prosecutors elsewhere in the legal guidance. For instance, a burglar who claims to have been assaulted by the occupier of the premises concerned. There is often a degree of sensitivity to be observed in such cases this is particularly important when the alleged victim of an offence was himself/herself engaged in criminal activity at the relevant time. in discouraging vigilantism and the use of violence generally.the public interest in promoting a responsible contribution on the part of citizens in preserving law and order and.When reviewing cases involving assertions of self-defence or action in the prevention of crime/preservation of property, prosecutors should be aware of the balance to be struck: This makes it clear that if householders have done what they honestly and instinctively think is necessary in the heat of the moment, this will be the strongest evidence for them having acted lawfully and in self-defence. The CPS and National Police Chiefs Council (NPCC) have published a joint public statement on the use of force in these circumstance entitled ‘ Householders and the use of force against intruders’ (2018). However, it is important to ensure that all those acting reasonably and in good faith to defend themselves, their family, their property or in the prevention of crime or the apprehension of offenders are not prosecuted for such action. In the context of cases involving the use of violence, the guiding principle is the preservation of the Rule of Law and the King's Peace. This guidance is particularly relevant to offences against the person and homicide, and prosecutors should refer to Offences against the Person, incorporating the charging standard, elsewhere in the legal guidance and Homicide, elsewhere in the legal guidance. Arrest and the prevention of crime are governed by the Criminal Law Act 1967. Defence of property however, is governed by the Criminal Damage Act 1971. Defence of the person is governed by the common law. Self defence and the prevention of crime originates from a number of different sources. lawful arrest and apprehension of offenders.This section offers guidance of general application to all offences susceptible to the defences of: Use of Force against Those Committing Crime.Section 76 of the Criminal Justice and Immigration Act 2008.
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