⇒ There has been some confusion over the terminology to the defence of necessity in criminal law. The term has been used in at least three different senses:
⇒ The courts have been consistent in denying a general defence of necessity.
⇒ See the following cases:
⇒ Despite the denial of a general defence of necessity, in fact a limited defence of necessity is recognised at common law and in some statutes.
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⇒ The courts have been willing to accept a defence of necessity in special defined circumstances
⇒ Brooke LJ, in Re A (Children) (Conjoined Twins: Surgical Separation) [2001] quoted with approval three requirements for the defence of necessity:
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