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Words: | Submitted: Mon Jun 28 2004
... an offence: because an element of the actus reus is missing. There are actually three situations where force can be used:- Firstly there is self defence which is regulated purely by the common law. Secondly there is prevention of crime which is covered by s.3(1) of the Criminal Law Act 1967, which provides that a "person may such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large". Finally there is defence of property which is partially but not exclusively covered by s.5(2) of the Criminal Damage Act 1971. There is a large potential for overlap between the two defences. As for example a man who uses force to overpower a mugger is using self defence in respect of himself as well as using force to prevent crime ...
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