Correct on the date of publication - 24 August 2026
Question:
In what circumstances can duress be used as a defence?
Answer:
The defence of duress is recognised in English law and applies to situations where an individual commits a crime under the pressure of threats or coercive circumstances. Duress can be a defence to all offences except for murder and attempt murder.
The defence of duress can be split into two parts; threats (made towards the accused) and circumstances (dangers threatening the accused).
Duress by threats:
The defence of duress by threats may be relied upon where direct threats were made that related to physical harm or death, the threat to property or animals would not be sufficient. The threat does not need to be aimed at just the defendant but could be towards the safety of another person whom he has responsibility, such as a spouse or child.
Duress by circumstances:
The defence of duress by circumstance may be relied upon where threat is from an external circumstance, rather than a direct threat of harm. Again, this may be to protect themselves or an immediate family member.
An example might be a defence to reckless driving where a person drives dangerously to avoid death or serious bodily harm to himself or another.
Elements of the defence (DPP v Davis, DPP v Pittaway and DPP v Mullally 2006):
(i) Was the defendant, or might the defendant, have been induced to act as he did because he feared that if he did not, death or serious injury would result to him, an immediate relative or someone he is responsible for?
(ii) What would the sober person of reasonable firmness, sharing the same characteristics of the accused, an objective test, do in the same circumstances?
The threat must be operating at the time the crime is committed -
(i) A person must not voluntarily put himself in a position where he is likely to be subjected to such threats; and
(ii) If a person can avoid the effects of duress by escaping from the threats without damage to himself (or anyone, such as his family, for whom he has a responsibility), he must do so.
The above prevents those who voluntarily join criminal gangs or associate with other persons engaged in criminal activity from later attempting to raise duress as a defence (R v Heath 1999 which notes the case of R v Sharpe 1987).
Perceived threat:
It is sufficient to show that the person acted as he/she did because he/she reasonably perceived there was such a threat, even if there was none in fact (R v Safi and others 2003).
Immediacy:
Where threats made do not indicate immediate injury to the defendant or to someone he has responsibility for, this will not be fatal to his defence. However, it is less likely that the defendant will be able to convince a jury that he was not able to take evasive action by contacting the police or simply by not committing the crime. The danger must be imminent but does not need to be immediate for the defence to be valid. (R v Abdul-Hussain 1998).
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