Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Self defence definition

What does Self defence mean? Self defence describes the lawful use of reasonable force to protect yourself, another person or property, to prevent crime, or to make a lawful arrest. It operates as a defence to criminal charges (assault, homicide) and to civil claims (battery, trespass). The test is necessity and proportionality, judged on the facts as honestly believed; retaliation is not permitted, and excessive force is unlawful. In England and Wales it is recognised at common law and clarified by s3 Criminal Law Act 1967 (prevention of crime) and s76 Criminal Justice and Immigration Act 2008; in ‘householder’ cases, force that is not...

Self-defence in England and Wales: Reasonable Force, Mistake, Intoxication, Pre-emptive Action, Retreat, Defence of Others/Property, Householder Cases, Prevention of Crime, Arrest, and Burden of Proof

Published by a LexisNexis Corporate Crime expert

Practice notes

Self-defence is an absolute defence to offences committed through force, extending even to allegations of murder. If a jury concludes the defendant acted in self-defence, they must acquit. The common law defence was carried into statute by the Criminal Law Act 1967 (CLA 1967), with additional clarification in section 76 of the Criminal Justice and Immigration Act 2008 (CJIA 2008). The defence is available where a defendant uses ‘reasonable force’ to:

defend themselves
defend another person
defend property
prevent crime
assist in the lawful arrest and apprehension of offenders

The defence of self-defence has two limbs:

firstly, were the circumstances, as the defendant genuinely believed them to be, such that using force was necessary? This is the subjective test
secondly, was the nature and degree of force used reasonable in those perceived circumstances? This is the objective test

Reasonable force—defendant’s genuine belief

Whether the force is considered ‘reasonable’ is judged by reference to the situation as the defendant honestly believed it to be...

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Web page updated on 22/05/2026

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