Solicitors Qualifying Examination (SQE) Practice Exa\

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Question: 1 / 125

Which type of force is acceptable in ‘householder’ cases regarding self-defense?

Only an equal level of force to the threat

Proportionate force, with some allowances for disproportionate force

In 'householder' cases concerning self-defense, the law recognizes that individuals may face threats in their homes and need to protect themselves and their property. The key principle is that the force used must be proportionate to the threat faced. However, the law allows for some leniency in terms of the level of force deemed acceptable, particularly in stressful situations where quick decisions are made.

The notion of 'proportionate force' means that while it should generally correspond to the threat, the law acknowledges that householders might have a heightened sense of fear when confronted by an intruder. Therefore, if a householder responds with a degree of force that is considered disproportionate to the threat, this does not automatically invalidate the self-defense claim. The courts tend to take context into account, including the fear and anxiety experienced by a householder during such incidents.

Thus, the possibility of using some level of force that may be deemed disproportionate is recognized in these cases, leading to the conclusion that proportionate force, with some allowances for disproportionate force, is the correct stance regarding self-defense in household situations. This distinction balances the need for individual protection with the principles of justice surrounding the use of force.

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No force is deemed acceptable

Disproportionate force automatically invalidates the defense

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