​KembaraXtra – Legal Terms – Necessity


Necessity is a general defence in criminal law where a person commits an unlawful act because circumstances forced them to choose between two harmful alternatives.


Unlike duress, the pressure does not come from another person but from external conditions or emergencies.


An example would be a fire engine driver ignoring a red traffic light in order to respond to an emergency.


English law recognizes the defence only in limited situations, and its exact scope remains uncertain.


Necessity is generally not accepted as a defence to serious crimes such as murder or theft, although it may apply in some medical emergencies or situations involving the protection of life and property.