Public and Private Defenses in Law, cover the common law defence of self-defence, prevention of crime under the Criminal Law Act 1967. The basic concept of this defenses are protection of property which covers in Criminal Damage Act 1971.
Therefore Public and Private Defenses are prevention of crime act to negate an element of the actus reus of the offence rather than operating as true defences. Recently, if we compare in Criminal Justice and Immigration Act 2008, it has clarified some of the legal principles which emerged from case law and put them on a statutory footing.
Types of Public and Private Defenses
(a) Apprehension of Death.
(c) Intention of Committing of Rape.
(d) Intention of Gratifying Unnatural Lust.
(e) Intention of Kidnapping or Abducting.
(f) Intention of Wrongfully Confining.
(a) Commission of Robbery.
(b) Commission of House-breaking By Night.
(c) Mischief By Fire.
Examples of Private & Public Defenses
For example, self defense describes a situation wherein one person reasonably uses force to defend himself against an attack by another person on the subway. A person might use non-deadly force, or deadly force, to defend himself, depending on the situation.
Difference Between Self Defense and Private Defense
A distinction must be drawn between the right of self defence or private defence and use of excessive force or retaliation. Very simply put, the right of self defence or private defence is a right that can be exercised to defend oneself but not to retaliate,” the bench said.