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DEFENCE (Lat. defendere, to defend)
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See also:DEFENCE (See also:Lat. defendere, to defend) , in See also:general, a keeping off or defending, a See also:justification, See also:protection or guard. See also:Physical defence of self is the right of every See also:man, even to the employment of force, in warding off an attack. A See also:person attacked may use such force as he believes to be necessary for the warding off an attack, even to the extent of killing an assailant. The same right of reciprocal defence extends not only to defence of one's own person, but also to the defence of a See also:husband or wife, See also:parent or See also:child, See also:master or servant. (See See also:ASSAULT; See also:HOMICIDE.) As a legal See also:term in See also:English See also:pleading, " defence " means the denial by the party proceeded against of the validity of a See also:charge, or the steps taken by an accused person or his legal advisers for defending himself. In See also:civil actions, a statement of defence is the second step in proceedings, being the See also:answer of the See also:defendant to the See also:plaintiff's statement of claim. In the statement of defence must be set out every material fact upon which the defendant intends to rely at the trial. Every fact alleged in the statement of claim must be dealt with, and either admitted or denied; further facts may be pleaded in answer to those admitted; the whole pleading of the plaintiff may be objected to as insufficient in See also:law, or a set-off or See also:counter-claim may be advanced. A statement of defence must be delivered within ten days from the delivery of the statement of claim, or See also:appearance if no statement of claim be delivered. By the Poor Prisoners' Defence See also:Act 1903, where it appears, having regard to the nature of the defence set up by any poor prisoner, as disclosed in the See also:evidence given or statement made by him before the committing justices, that it is desirable in the interests of See also:justice that he should have legal aid in the preparation and conduct of his defence, and that his means are insufficient to enable him to obtain such aid, it may be ordered either (1) on committal for trial by the committing justices, or (2) after See also:reading the depositions by the See also:judge or See also:quarter sessions chairman. The defence includes the services of See also:solicitor and counsel and the expenses of witnesses, the cost being payable in the same manner as the expenses of a See also:prosecution for See also:felony. Briefly, the See also:object of the act is, not to give a prisoner legal assistance to find out if he has got a defence, but in See also:order that a prisoner who has a defence may have every inducement to tell the truth about it at the earliest opportunity. Legal assistance under the act is only given where both (i) the nature of the defence as disclosed is such that in the interests of justice the prisoner should have legal aid to make his defence clear, and (2) where also his means are insufficient for that end (See also:Lord See also:Alverstone, C.J., at See also:Warwick Summer Assizes,The Times, See also:July 26, 1904). Additional information and CommentsThere are no comments yet for this article.
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