"Our home is our haven and refuge - a place where we have every right to feel safe": justifying the use of up to "grossly disproportionate force" in a place of residence

The Crime and Courts Act 2013 amended s.76 of the Criminal Justice and Immigration Act 2008 with the effect that there are now two forms of private defence. If the force is used within a dwelling against a trespasser s.76(8) permits it to be "anything up to grossly disproportionate", whereas force used elsewhere must not be disproportionate. This paper considers whether a distinction between the level of permissible defensive force in the private and public spheres can be justified by reference to the theoretical underpinnings of self-defence and, if so, whether it might be legitimate to allow disproportionate force in the private context.