Public-Authority Justification: The public-authority justification serves as a defence for individuals who have been granted permission by the government to engage in activities that would typically be deemed illegal. This defence is applicable when the actions are carried out in order to safeguard or benefit the public. It implies that the individual had a valid reason for their actions and were not in violation of the law. For instance, a police officer may be authorized to employ force in order to apprehend a dangerous criminal, even if such force would typically be classified as assault.
Public-authority justification is a legal defence that applies when an individual is given permission by a public authority to engage in conduct that would normally be considered a crime, in order to safeguard or advance a public interest. For instance, if a police officer is authorized to use force to apprehend a suspect and unintentionally injures the suspect in the process, the officer may be able to use public-authority justification as a defence if the use of force was necessary to protect the public interest in apprehending the suspect. However, this defence is only valid if the individual can provide evidence that they were specifically authorized to engage in the conduct that would otherwise be considered a crime. It cannot be used by individuals who act without authorization.
Public-authority justification is a legal defence that allows a person to argue that their actions were justified because they were acting on behalf of a public authority, such as a police officer or government official.
Public-authority justification can be used as a defence when a person is accused of committing a crime while acting in their capacity as a public authority, and they can show that their actions were necessary and proportionate to their duties.
Examples of when public-authority justification might apply include a police officer using force to apprehend a suspect, a government official making a decision that affects public safety, or a military officer carrying out orders in a time of war.
No, public-authority justification is not a blanket defence and can only be used in specific circumstances where the actions of the public authority were necessary and proportionate to their duties.
To successfully use public-authority justification as a defence, the person must be able to provide evidence that their actions were in line with their duties and that they acted in good faith.
Yes, public-authority justification can be used as a defence in both civil and criminal cases, depending on the circumstances.
Yes, there are limitations to using public-authority justification, such as when the actions of the public authority were clearly excessive or unnecessary.
Yes, private individuals who are authorized to act on behalf of a public authority, such as security guards or contractors, may also be able to use public-authority justification as a defence.
If you believe you have a valid public-authority justification defence, it is important to seek legal advice from a qualified attorney who can assess your case and provide guidance on how to proceed.
No, public-authority justification and qualified immunity are different legal concepts. Public-authority justification is a defence that justifies the actions of a public authority, while qualified immunity is a legal doctrine that protects government officials from civil liability when performing their duties.
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: 17th 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/public-authority-justification/
- Modern Language Association (MLA):Public-Authority Justification. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/public-authority-justification/.
- Chicago Manual of Style (CMS):Public-Authority Justification. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/public-authority-justification/ (accessed: May 09 2024).
- American Psychological Association (APA):Public-Authority Justification. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/public-authority-justification/
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