Defences

Defences

General defences in criminal proceedings

General defences are available in relation to a range of criminal offences rather than those which are available only in relation to a particular crime. Some offences have particular defences attached to them, for example, the adequate procedures defence to an offence under section 7 of the Bribery Act 2010 (failure to prevent bribery) and those defences which exist only in relation to murder. These defences are specifically dealt with in the relevant Practice Note relating to the offence. This subtopic deals solely with the general defences.

General defences are those which arise from specific characteristics of the defendant or the circumstances of the offence which mean that the prosecution cannot prove all the elements of the offence. They may result in an acquittal or they may reduce the defendant’s culpability to render them guilty of a lesser offence.

When investigating a suspected crime, there is a duty to consider evidence supporting any defence and general defences should be considered in every case.

The main general defences are:

•
automatism
•
intoxication
•
mistake
•
insanity
•
duress and necessity, and
•
self-defence,

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