General defences
General defences may provide a complete answer to criminal liability, whether by negating an element or by justification/excuse. The prosecution must generally disprove a defence once it is properly raised on the evidence.
What "General defences" covers
- Self-defence/prevention of crime (common law and s.3 Criminal Law Act 1967, s.76 Criminal Justice and Immigration Act 2008): force is justified if the defendant honestly believed it was necessary and the force used was reasonable in the circumstances as they believed them to be.
- The necessity of force is judged on the defendant's honest belief (even if mistaken), but the degree of force is judged objectively; householder cases allow force that is not grossly disproportionate.
- Intoxication: voluntary intoxication may negate the mens rea of specific-intent offences but is no defence to basic-intent offences (Majewski); involuntary intoxication is a defence only if it negates mens rea.
- A drunken mistake cannot be relied on to support self-defence (s.76(5) CJIA 2008; O'Grady).
- Duress by threats: threat of death or serious injury to the defendant or another, a reasonable belief in the threat, and a sober person of reasonable firmness would have acted the same (Graham; Hasan); no defence to murder or attempted murder (Howe; Gotts).
- Duress is unavailable where the defendant voluntarily associated with others foreseeing risk of compulsion (Hasan), and the threat must be effectively immediate.
- Insanity (M'Naghten Rules): a defect of reason from disease of the mind so the defendant did not know the nature/quality of the act or that it was wrong; automatism requires a total loss of voluntary control from an external factor.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For general defences, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Judging the amount of force by the defendant's belief — necessity is on honest belief, but reasonableness of the degree of force is objective.
- Allowing duress for murder — it is never a defence to murder or attempted murder.
- Confusing insanity (internal disease of the mind) with automatism (external cause and total loss of control).
Learn this subtopic in the course
A video lesson, notes and exam-style practice on general defences.
FAQ
Is general defences tested on SQE1?
Yes — general defences is part of the SQE1 Criminal Liability syllabus (FLK2) and can appear in single best answer questions.
How is general defences examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (s.76 Criminal Justice and Immigration Act 2008, s.3 Criminal Law Act 1967) helps.