Reform of the Defence of Duress (and Necessity)
Criminal Law, Procedure, Duress, Legal Defence, Necessity, Reforms
This article is divided into two parts. In Part One--by far the longer part--Coughlan et al consider the defence of duress. They consider three primary questions: whether there is a need for two separate versions of the defence, whether a statutory version of the defence should have a list of excluded offences, and how the statutory defence should be phrased. The second part of this article turns to the defence of necessity.
Stephen Coughlan et al, "Reform of the Defence of Duress (and Necessity)" (2018) 66:3 Crim LQ 229.