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Applied Law Unit 3 Applying the law- D3 Self-defence $3.85
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Applied Law Unit 3 Applying the law- D3 Self-defence
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  • Course
  • Unit 3 - Applying the Law
  • Institution
  • 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
  • 8
  • 2021/2022
  • Class notes
  • Portsmouth college
  • All classes

Subjects

  • d3 self defence
  • criminal law act 1967

Written for

  • BTEC
  • PEARSON (PEARSON)
  • Applied Law
  • Unit 3 - Applying the Law
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Self defence
● Found in common law and statute law

● It is a full defence- if used successfully it will result in an acquittal

● The burden of proof is on the prosecution- have to prove beyond reasonable doubt it was not done
in self defence

● Criminal Justice and Immigration Act 2008 - allows you defend yourself and others

● Criminal Damage Act 1971 - defend your property

● S3(1) Criminal Law Act 1967 - arrest and prevent crime

, Elements of the defence
● Degree of force
● Excessive force
● Pre-emptive strike
● Mistake / Mistake and Intoxication
● Defendant’s characteristics

Degree of force
● D is not expected to weigh up the exact amount of force they use (takes into account they may be
panicking/not knowing exactly what they’re doing)
● Did D do what they honestly and instinctively thought was reasonable?
● Force must be used when the danger is still ongoing
● Criminal Justice and Immigration Act 2008- Difficult for a person to weigh up exactly how much
force is needed in a pressurised situation

Excessive Force
● If D uses excessive force the defence will fail

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