Boom-stick
Member
- Joined
- Oct 4, 2005
- Messages
- 872
There is a big fear in the UK that if you 'clobber' a Home Intruder you'll face prosecution and possibly prison yourself.
Hopefully this will clear a few things up....
Homeowners and self defence - DPP issues further details of cases
13 January 2005
Examples of cases where householders have not been prosecuted for attacking intruders have been given by the Director of Public Prosecutions, Ken Macdonald QC.
Mr Macdonald said: "In the current debate about the rights of householders to protect themselves against burglars and intruders, I believe it is important for people to understand what the law says and how prosecutions take place.
"The law is on the side of householders. Being burgled is a very frightening experience and householders who react instinctively and attack intruders will only be prosecuted if they use very excessive force.
"It is only in the most extreme circumstances that householders are prosecuted for violence against burglars. Prosecutors recognise that householders confronted by intruders are entitled to use violence to protect themselves, their families and their property.
"Furthermore the law understands that when people are under attack in their own homes they cannot judge precisely the level of their response. They are not expected to do so. So long as they do no more than they honestly and instinctively feel is necessary in the heat of the moment, that will be the strongest evidence that the householder has acted lawfully.
"Indeed we routinely refuse to prosecute those reacting in the heat of the moment to finding intruders within their homes. So householders who have killed burglars in this situation have not been prosecuted. Householders who have shot burglars have not been prosecuted. Householders who have stabbed burglars have not been prosecuted. Householders who have struck burglars on the head, fracturing their skulls, have not been not prosecuted.
"On an informal trawl the CPS has only been able to find 11 cases in the last 15 years where people have been prosecuted for attacking intruders into houses, commercial premises or private land. Only 7 of these appear to have resulted from domestic household burglaries."
One man lay in wait for a burglar on commercial premises, caught him, tied him up, beat him, threw him into a pit and set fire to him. One caught trespassers on private land and shot a boy in the back with 40 shotgun pellets as he ran away. Others shot burglars in the back as they were escaping. Another appears to have been a drug dealer involved in a knife fight on private premises.
Mr Macdonald gave examples of cases where the CPS decided not to prosecute people for attacking intruders. He also gave examples of where prosecutions had been brought. These examples include:
Householder/other victim not prosecuted
Robbery at a newsagent's. One of the two robbers died after being stabbed by the newsagent. The CPS did not prosecute the newsagent but prosecuted the surviving robber who was jailed for six years (Greater Manchester);
A householder returned home to find a burglar in his home. There was a struggle during which the burglar hit his head on the driveway and later died. No prosecution of householder who was clearly acting in self-defence (Derbyshire);
Armed robbers threatened a pub landlord and barmaid with extreme violence. The barmaid escaped, fetched her employer's shotgun and shot at least one of the intruders. Barmaid not prosecuted (Hertfordshire);
Two burglars entered a house armed with a knife and threatened a woman. Her husband overcame one of the burglars and stabbed him. The burglar died. There was no prosecution of the householder but the remaining burglar was convicted (Lincolnshire);
A middle aged female took a baseball bat off a burglar and hit him over the head, fracturing his skull. The burglar made a complaint but the CPS refused to prosecute (Lancashire).
Examples of Prosecutions
A man laid in wait for a burglar on commercial premises, caught him, tied him up, beat him, threw him into a pit and set fire to him (Cheshire);
A number of people trespassed on private land to go night-time fishing. They were approached by a man with a shotgun who threatened to shoot them. They ran away but one of the men was shot in the back with a mass of 40 shotgun pellets (South Wales);
A householder lay in wait for a burglar who tried to burgle his shed. The householder shot him in the back (South Yorkshire).
Mr Macdonald said: "These examples show that prosecutors take great care over their decisions and have done for many years. So long as a householder is not acting in retribution or revenge, the force used in self defence would have to be wholly excessive and out of proportion before a prosecution would be contemplated.
"We are working with ACPO and the Home Office to publish plain guidance to the public on these issues. We want the law as it stands to be clearly understood."
http://www.cps.gov.uk/news/pressreleases/archive/2005/106_05.html
Hopefully this will clear a few things up....
Homeowners and self defence - DPP issues further details of cases
13 January 2005
Examples of cases where householders have not been prosecuted for attacking intruders have been given by the Director of Public Prosecutions, Ken Macdonald QC.
Mr Macdonald said: "In the current debate about the rights of householders to protect themselves against burglars and intruders, I believe it is important for people to understand what the law says and how prosecutions take place.
"The law is on the side of householders. Being burgled is a very frightening experience and householders who react instinctively and attack intruders will only be prosecuted if they use very excessive force.
"It is only in the most extreme circumstances that householders are prosecuted for violence against burglars. Prosecutors recognise that householders confronted by intruders are entitled to use violence to protect themselves, their families and their property.
"Furthermore the law understands that when people are under attack in their own homes they cannot judge precisely the level of their response. They are not expected to do so. So long as they do no more than they honestly and instinctively feel is necessary in the heat of the moment, that will be the strongest evidence that the householder has acted lawfully.
"Indeed we routinely refuse to prosecute those reacting in the heat of the moment to finding intruders within their homes. So householders who have killed burglars in this situation have not been prosecuted. Householders who have shot burglars have not been prosecuted. Householders who have stabbed burglars have not been prosecuted. Householders who have struck burglars on the head, fracturing their skulls, have not been not prosecuted.
"On an informal trawl the CPS has only been able to find 11 cases in the last 15 years where people have been prosecuted for attacking intruders into houses, commercial premises or private land. Only 7 of these appear to have resulted from domestic household burglaries."
One man lay in wait for a burglar on commercial premises, caught him, tied him up, beat him, threw him into a pit and set fire to him. One caught trespassers on private land and shot a boy in the back with 40 shotgun pellets as he ran away. Others shot burglars in the back as they were escaping. Another appears to have been a drug dealer involved in a knife fight on private premises.
Mr Macdonald gave examples of cases where the CPS decided not to prosecute people for attacking intruders. He also gave examples of where prosecutions had been brought. These examples include:
Householder/other victim not prosecuted
Robbery at a newsagent's. One of the two robbers died after being stabbed by the newsagent. The CPS did not prosecute the newsagent but prosecuted the surviving robber who was jailed for six years (Greater Manchester);
A householder returned home to find a burglar in his home. There was a struggle during which the burglar hit his head on the driveway and later died. No prosecution of householder who was clearly acting in self-defence (Derbyshire);
Armed robbers threatened a pub landlord and barmaid with extreme violence. The barmaid escaped, fetched her employer's shotgun and shot at least one of the intruders. Barmaid not prosecuted (Hertfordshire);
Two burglars entered a house armed with a knife and threatened a woman. Her husband overcame one of the burglars and stabbed him. The burglar died. There was no prosecution of the householder but the remaining burglar was convicted (Lincolnshire);
A middle aged female took a baseball bat off a burglar and hit him over the head, fracturing his skull. The burglar made a complaint but the CPS refused to prosecute (Lancashire).
Examples of Prosecutions
A man laid in wait for a burglar on commercial premises, caught him, tied him up, beat him, threw him into a pit and set fire to him (Cheshire);
A number of people trespassed on private land to go night-time fishing. They were approached by a man with a shotgun who threatened to shoot them. They ran away but one of the men was shot in the back with a mass of 40 shotgun pellets (South Wales);
A householder lay in wait for a burglar who tried to burgle his shed. The householder shot him in the back (South Yorkshire).
Mr Macdonald said: "These examples show that prosecutors take great care over their decisions and have done for many years. So long as a householder is not acting in retribution or revenge, the force used in self defence would have to be wholly excessive and out of proportion before a prosecution would be contemplated.
"We are working with ACPO and the Home Office to publish plain guidance to the public on these issues. We want the law as it stands to be clearly understood."
http://www.cps.gov.uk/news/pressreleases/archive/2005/106_05.html