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Criminal Defence | England & Wales

Self-defence: what the law allows

When force used to protect yourself, someone else or property is lawful, how the court judges it, and the special rule for householders.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

You may use reasonable force to defend yourself or another person, to protect property or to prevent crime. The question is judged on the circumstances as you honestly believed them to be, even if you were mistaken, and then whether the force was reasonable in those circumstances. You do not have to wait to be struck first, and there is no strict duty to retreat, although the chance to retreat is relevant. In householder cases, force that is disproportionate can still be reasonable, but grossly disproportionate force cannot. Once self-defence is raised, the prosecution must disprove it.

Legal issues

The two questions

  1. Did you honestly believe force was necessary? This is judged on your belief, even if mistaken, unless the mistake was caused by voluntary intoxication.
  2. 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.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We advise on presenting self-defence in interview, press for CCTV and other evidence, and make representations to the CPS. See police station representation.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Can I hit first if I think I am about to be attacked?

Yes, a pre-emptive strike can be lawful if you honestly believed an attack was imminent and your force was reasonable.

Do I have to run away first?

There is no strict duty to retreat, but whether you could have done so is one factor in deciding if your force was reasonable.

Can I use any force against a burglar?

No. In your home, force can be disproportionate and still lawful, but not grossly disproportionate.

NEXT STEP

Get advice after an incident

If you are being interviewed, call 0843 636 7687 first. You can also email [email protected].

Get advice after an incident