Chapter 15 Key debates

Topic

Author/Academic

Viewpoint

Source

‘Self-defence and its relationship to the European Convention’

Andrew Ashworth

 

A careful analysis of the effects of the Human Rights Act 1998 on the


substantive criminal law, including a useful summary of self-defence and the


argument that English law conflicts with Article 2 ECHR.

[2000] Crim LR 564

 

‘The defences of duress of circumstance and necessity; the same or


different?’

David Ormerod

The defence of necessity does exist or at least it should do so.


[2006] Crim LR 148; see also Gardner [2005] Crim LR 371


‘“Our home is our haven and refuge—a place where we have


every right to feel safe”: justifying the use of up to “grossly


disproportionate force” in a place of residence’

Lydia Bleasdale-Hill

A careful analysis of the provisions relating to homeowners who kill intruders.

[2015] Crim LR 407

Back to top