R v Hudson and Taylor [1971] 2 QB 202

Facts

  • Two teenage girls, Hudson and Taylor, served as prosecution witnesses in a trial and were threatened by a gang.
  • Gang members warned them not to give evidence, with at least one gang member present in the court’s public gallery during their testimony.
  • In fear of these threats, the girls committed perjury by giving false testimony.
  • The case addressed whether the threat was sufficiently immediate to constitute duress since it was possible police protection could have been sought, and the threat could be carried out later that day.

Issues

  1. Whether a defence of duress is available where threats are not immediately executable at the scene but could plausibly be carried out soon after.
  2. What degree of immediacy is required for duress, and whether seeking police protection eliminates the defence.
  3. How the age and circumstances of the accused affect the assessment of duress.

Decision

  • The Court found that the defence of duress could be available even when threats are not instantly executable at the precise time and place of the offence, provided the threat remains real and imminent.
  • It was held that the presence of a gang member in the courtroom and the ongoing threat justified the girls' belief that the threat would be carried out soon after, fulfilling the requirement of immediacy.
  • The jury must consider the circumstances and characteristics of the defendants, such as their age, when assessing whether failing to seek police protection negates the defence of duress.
  • The decision clarified that threats capable of being executed in the near future, not just immediately, can satisfy the requirements for duress if they operate on the accused at the relevant moment.

Legal Principles

  • Duress requires threats of death or serious bodily harm directed toward compelling a specific offence.
  • The immediacy of the threat is a key element; threats must operate on the defendant at the time of the offence and be of a realistic and continuing nature.
  • Defendants must seek police protection where reasonably possible; however, juries must consider the reasonableness in light of the defendant’s age and situation.
  • The two-stage test for duress involves a subjective belief in immediate danger and an objective standard of resistance for a reasonable person with relevant characteristics.
  • Voluntary association with violent criminals may preclude the defence of duress.
  • Duress is not available as a defence to murder or attempted murder.

Conclusion

R v Hudson and Taylor clarified the immediacy requirement for duress, holding that threats may support the defence if realistically imminent, and established that factors such as age and circumstances are relevant in assessing whether an accused should have sought police protection. The case contributed to the definition and limits of duress as a criminal defence.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal