The defence of duress is available where the defendant was forced to commit a crime. It exists to prevent a person being guilty of crime they would never commit. Duress can be used as a defence for all types of crimes except; Murder, Attempted Murder and Treason.

The defence is not available for the actual killing, however it can be available for second party offenders who haven’t done the actual killing, for example, a taxi driver/car driver. Case Example - Howe 1987 The defendant participated in two murders. The defence of duress wasn't available only because during the second murder, he committed an act. In this case, it was held that even a 13 year old child can be charged with murder, despite being threatened to do so.

The obiter dicta formed in Howe 1987 that duress shouldn't be a defence for attempted murder. Case Example - Gotts 1992 - A 16 year old boy attempted to murder his mother after being threatened by his father.

Duress by a threat exists where a person is threatened to commit an act he wouldn’t otherwise do. The threat must be of death or serious injury. The threat must be of death or serious injury. It’s possible that a number of threats can accumulate, but only the threat of death or serious injury will be considered. Case Example - Valderrama Vega 1985 - The defendant was threatened by death and the threat of exposing his homosexuality. Only the threat of death was important. The threat can be done to the defendant's family, friend or even passenger in a car. Case Example - R v Conway 1988 - The threat was done to passenger of defendant's car.

The graham test was formed in the case of Graham 1982 and it has two stages. The first stage is mainly subjective and ask: Was the defendant compelled to act as he did because reasonably believed he had good cause to fear serious injury or death? The second stage is mainly objective and asks, if so, would a sober person of reasonable firmness, sharing the characteristic of the accused, have responded in the same way? The case of Hasan 2005 has confirmed the decision in graham. Whilst in Bowen 1996 it was said that the following could be relevant in the second part of the test. Age, Pregnancy, serious physical disability, mental illness, gender.

If there is available police protection then the defendant cannot rely on duress. However in the case of Hudson and Taylor 1971 it was accepted that police protection might not always be effective. Case Example - Hudson and Taylor 1971 - The defendant’s lied in court and they were convicted. Their convictions were later quashed on appeal.

The threat must be effective at the moment the crime is committed, but this does not mean the threat needs to be carried out immediately. Case Example - Adbul Hussain 1999 - The defendants tried to fly from Iraq to Sudan in fear of execution, but they ended up in the UK. Their convictions was quashed. The case of Hussian ruled that there must be imminent threat of death or serious injury which must operate in defendant's mind at the time of committing offence.

The defendant can only use the defence if the threat is in order to make him commit a specific offence. Case Example - Adbul Hussain 1999 - The defendant’s family was threatened if he didn’t repay the money. The conviction was upheld since the threat wasn't to do with robbery.

If the defendant was voluntarily intoxicated and presumed the words/actions of another were a threat, then the defence isn't available to him. However, if there was no mistake and the intoxication didn’t affect whether there was or was not duress then the defence can still succeed.

Self-induced duress is where the defendant has brought the duress on himself through his own actions. It usually negates the defence since the defendant has chosen to be in this position. Case Example - Sharp 1987 - The defendant joined a robbery gang where he was threatened. The defence wasn't available as he knew that they were using violence. There can be exceptions where the defendant didn't know the results of his actions or the gang he was joining. Case Example - Shepherd 1987 - The defendant joined a shoplifting gang but was threatened with violence when he tried to leave. Since he didn't know they use violence and he was allowed defence.

The more recent defence covers situations when the defendant is forced to act because of surrounding circumstances. Case Example - Willer 1986 - The defendant was surrounded by a gang of youths and drove on the pavement to escape. The defence uses the Graham test and the first time it was used was in case of Martin 1989. For almost 10 years, the defence involved only driving offences. Case Example - Pommell 1995 - Defendant was lying in bed with a loaded gun during a raid. His conviction was quashed under defence of circumstances. The defence is available where the defendant reasonably perceived a threat or serious physical injury or death, even though there was no actual threat.