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Applied Law Unit 3 Applying the law- D1 Duress $3.86
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Applied Law Unit 3 Applying the law- D1 Duress
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  • Course
  • Unit 3 - Applying the Law
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  • PEARSON (PEARSON)

Notes that helped me to achieve a distinction. Created using the specification, the Pearson 2017 Applied Law book and extra notes made in class. Includes cases, tests and strengths and weaknesses of the law.

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Document information

  • October 9, 2022
  • 15
  • 2021/2022
  • Class notes
  • Portsmouth college
  • All classes

Subjects

  • d1 duress
  • duress by threats
  • duress by circumstances

Written for

  • BTEC
  • PEARSON (PEARSON)
  • Applied Law
  • Unit 3 - Applying the Law
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Duress
● Duress is when the defendant is put in a situation where they are forced to commit a crime due to
fear
● The common law test for duress is D committed offence because he/she has been threatened with
death/serious injury.


There are two forms of duress:
● Fear
● Circumstances

● Duress is a general defence (full)
● Burden of proof is on the prosecution

, Limitations:
1. What must the threat be about?

2. Who must be threatened?

3. Does it have to be the only threat?

4. Must there be a link between the threat and the crime committed?

5. What if there is an opportunity to escape?

6. How imminent does the threat have to be?

7. What if the duress is self-induced?

8. Can you use the defence for murder

9. Can you use the defence for attempted murder?

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