A justification defence is employed in criminal and tort law to argue that the defendant’s actions were not intended to violate the law. This defence can be utilised in various situations, including self-defence, defence of others, defence of property, or when force is used by public authority. In essence, the defendant contends that their actions were necessary and justified given the circumstances.
A justification defence is a defence that arises in criminal and tort law when the defendant’s actions are deemed justified under the circumstances and therefore not considered illegal or wrongful. This can occur in various situations, such as self-defence, defence of others, defence of property, necessity, use of force to make an arrest, and use of force by public authority. For instance, if someone threatens you with a weapon after breaking into your home, you may be justified in using force to protect yourself. Similarly, a police officer may be justified in using force to arrest a suspect who is resisting arrest in order to maintain public safety.
A justification defence is a legal argument used to justify or excuse a defendant’s actions, claiming that they were necessary or reasonable under the circumstances.
Some common examples of justification defences include self-defence, defence of others, defence of property, and necessity.
Self-defence allows a person to use reasonable force to protect themselves from imminent harm or danger. The force used must be proportionate to the threat faced.
In most jurisdictions, self-defence is only applicable if you reasonably believed that you were in imminent danger of harm, regardless of who initiated the altercation.
Defense of others allows a person to use reasonable force to protect another person from imminent harm or danger if they reasonably believe that the other person is in danger.
In general, you can use defence of others if you reasonably believe that the person is in imminent danger, even if they don’t want your help. However, the specific laws may vary depending on the jurisdiction.
Defense of property allows a person to use reasonable force to protect their property from being unlawfully taken or damaged. The force used must be proportionate to the threat faced.
In most jurisdictions, deadly force is generally not justified to defend property alone. However, the laws may vary, and it is important to consult with a legal professional to understand the specific laws in your jurisdiction.
The necessity defence allows a person to justify their actions if they reasonably believed that committing a crime was necessary to prevent a greater harm or danger.
The necessity defence is generally limited to situations where the harm or danger being prevented is greater than the harm caused by committing the crime. It is not applicable to all crimes, and its availability may vary depending on the jurisdiction and specific circumstances.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 27th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/justification-defence/
- Modern Language Association (MLA):Justification Defence. dlssolicitors.com. DLS Solicitors. May 20 2024 https://dlssolicitors.com/define/justification-defence/.
- Chicago Manual of Style (CMS):Justification Defence. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/justification-defence/ (accessed: May 20 2024).
- American Psychological Association (APA):Justification Defence. dlssolicitors.com. Retrieved May 20 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/justification-defence/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts