If I'm forced to participate in a crime, can I use that as a defence?

In Plain English

If someone forces you to commit a crime by threatening you, you might be able to argue "duress" as a defense. This means you're saying you only did it because you reasonably believed you'd be harmed if you didn't, and there was no other way out of the situation. However, this defense usually doesn't work if you've willingly joined a group known for committing crimes similar to the one you were forced to do.

Detailed Explanation

The defense of duress may be available if you were forced to participate in a crime.

Several pieces of legislation discuss duress as a potential defense:

• Criminal Code 2007 (NI) (docid=4): Section 40 outlines the defense of duress. According to this section, a person is not criminally responsible for an offence if they carried out the conduct required for the offence under duress. This applies only if the person reasonably believes that:

  • A threat has been made that will be carried out unless an offence is committed.
  • There is no reasonable way to make the threat ineffective.
  • The conduct is a reasonable response to the threat.

  However, this defense is not available if the threat is made by or on behalf of a person with whom you are voluntarily associating to carry out conduct of the kind required for the offence.

• National Transport Commission (Road Transport Legislation – Compliance and Enforcement Bill) Regulations 2006 (docid=10): Mentions duress as an example of a defense available under other laws.

Therefore, if you were genuinely under threat and had no reasonable alternative, you might be able to use duress as a defense. However, the specific requirements and limitations of this defense will depend on the jurisdiction and the specific facts of your case.