Legal issues
The two questions
- Did you honestly believe force was necessary? This is judged on your belief, even if mistaken, unless the mistake was caused by voluntary intoxication.
- Was the force reasonable in the circumstances as you believed them to be? This is judged objectively, allowing for the heat of the moment.
Criminal Justice and Immigration Act 2008, section 76, sets out how these questions are approached.
Householder cases
Where you are in your home and the other person is a trespasser, force is not reasonable if it was grossly disproportionate, but it may be reasonable even if disproportionate (section 76(5A)).
Burden of proof
Once there is evidence of self-defence, the prosecution must prove you were not acting in lawful self-defence.
Evidence that matters
CCTV, phone footage, 999 call recordings, injuries to both sides, and witnesses who saw who started it are often decisive. Photographs of your own injuries matter.
Reasonable lines of enquiry
Ask the police to pursue
- CCTV from nearby premises before it is overwritten.
- Medical evidence of your injuries.
- Witnesses to the start of the incident.
- The other person's previous violence, where relevant.
What happens next
Self-defence is usually raised in interview and decided by the CPS at charge or by the court at trial. A clear, early account can lead to no further action.
Immediate steps
- Get medical attention and photograph injuries.
- Note any cameras and witnesses.
- Do not give an account to police without legal advice.
What should you send us?
Send the date and place, the police reference, and any footage or photographs you have.