Use Of Force / Self-Defence

Front 1

Self-defence in Ireland

Back 1

Protection of the Dwelling Act, 2011 (use of force in a dwelling up to including lethal force

Non-Vital Offences Against the Person Act, 1997 (use of force outside a dwelling not causing death)
Common Law (use of force outside dwelling causing death)

Front 2

Progress of the Law

Back 2

# Common Law from early ages, one of the oldest defences created by judges
# NVOAPA, 1997, intentions to clarify and combine the law however the name misleading and excluding lethal force
# Politicians believed additional protection was needed for people in their dwelling following cases

Front 3

When use force?

Back 3

During situations where as to protect:
- Yourself
- Family member
- Anyone else
- Protect property

- If a crime is committed
- Stop the breach of peace
- To assist lawful arrest
- NOT against member of police force

Front 4

Definition of force

Back 4

Terewi (Person at sleep at home. Police came and asked to be let in. Person didn't hear. Rang second time and threatened with dogs. Person responded with threat to shoot them. Person charged with threatening police but argued self-defence as didn't know it was the police. Could rely on self-defence here)
Blake v DPP (Protest outside parliament. Protester scribbed with felt tip on parliament. Charged with criminal damage. Decided not use of force. What if more violent tool?)

Front 5

Who can you defend?

Back 5

# List as set out in s.18 of 1997 act
# Love thy neighbor principle

Keatley (old Eng case. Pitch and toss game. One person pushes someone and his brother pushes him back which kills him. Could rely on it here)

Front 6

Level of force which can be used?

Back 6

# Act repeals CL test
# 'Use such force as reasonable in the circumstances as you believe it to be'