Criminal Law Concentrate 6e Resources is no longer available and it was replaced by Criminal Law Concentrate 7e.
Chapter 15 Key debates
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 |