Reasonable force in self-defence and householder cases

s.76Criminal Justice and Immigration Act 2008

Lets any person use reasonable force to defend themselves or another, protect property, prevent crime or make a lawful arrest, judged on the facts as they honestly believed them, with a wider margin for householders facing intruders.

Reasonable force in self-defence and householder cases · Criminal Justice and Immigration Act 2008, s.76Card 59 / 59

When you can use it

s.76(2)Force used for a legitimate purpose – self-defence (of self or another), defence of property, prevention of crime or lawful arrest
D honestly believed force was needed for that purpose
s.76(3)–(4)The situation is judged as D genuinely believed it to be, even if the belief was mistaken or unreasonable
s.76(5)A mistaken belief caused by voluntary intoxication cannot be relied on
s.76(6)In an ordinary case, the force must not be disproportionate in those circumstances
s.76(5A)In a householder case, the force must not be grossly disproportionate
s.76(8A)Householder case – self-defence, D in or partly in a dwelling or forces accommodation, D not a trespasser, and D believed V was a trespasser in or entering it

What it allows

Any person may use force that is reasonable in the circumstances to protect themselves or someone else, protect property, prevent crime or arrest an offender.
The force is judged on the facts as the person honestly believed them, not as they turned out to be.
In a householder case, force that is disproportionate (but not grossly disproportionate) may still be reasonable.

Key definitions

Legitimate purpose – s.76(10): common law self-defence and defence of property, and the prevention of crime or lawful arrest under Criminal Law Act 1967, s.3.
Degree of force – s.76(10): both the type and the amount of force used.
Dwelling – s.76(8B): includes an internally connected workplace, such as a shop with a flat above, and the access between them. A building includes a vehicle or vessel (s.76(8F)).
Trespasser – s.76(8E): someone whose right to be there comes only from a trespasser is still treated as one.
Honest belief – a genuine mistake can be relied on (R v Gladstone Williams 1984). A pre-emptive strike can be lawful (Beckford v R 1988).

Safeguards

Each use of force must be justified individually. An officer should be able to explain what they believed, why force was needed and why that level was chosen.
Record every use of force on the force’s use of force form, and in the pocket notebook or statement where needed.
Force used for an unlawful purpose, such as an unlawful arrest, is not protected.

Good to know

Retreat – s.76(6A): there is no duty to retreat, but the chance to do so is a factor.
Heat of the moment – s.76(7): a person cannot weigh the exact force needed, and honest, instinctive action is strong evidence of reasonableness (Palmer v R 1971).
Exam trap: the householder rule covers self-defence only, not arrest or defence of property. Grossly disproportionate force is never reasonable, and disproportionate force is not automatically reasonable (R (Collins) v Secretary of State for Justice 2016).
Constables also have PACE s.117 for reasonable force when using a PACE power.

Legislation: Criminal Justice and Immigration Act 2008, s.76 (opens legislation.gov.uk in a new tab)
Who can use it: Any person (including a constable)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Reasonable force in self-defence and householder cases: questions people ask

When can the police use reasonable force in self-defence and householder cases?

1. Force used for a legitimate purpose – self-defence (of self or another), defence of property, prevention of crime or lawful arrest 2. D honestly believed force was needed for that purpose 3. The situation is judged as D genuinely believed it to be, even if the belief was mistaken or unreasonable 4. A mistaken belief caused by voluntary intoxication cannot be relied on 5. In an ordinary case, the force must not be disproportionate in those circumstances 6. In a householder case, the force must not be grossly disproportionate 7. Householder case – self-defence, D in or partly in a dwelling or forces accommodation, D not a trespasser, and D believed V was a trespasser in or entering it

Who can use reasonable force in self-defence and householder cases?

Any person (including a constable)

What law gives the power for reasonable force in self-defence and householder cases?

Criminal Justice and Immigration Act 2008, s.76.

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