Is it legal in the UK to kill a burglar?

Question

If someone breaks into your home and during a struggle you kill him is that legal?

Answer 1

It's illegal to kill anyone in the UK.
But if you killed someone accidentally during a struggle while trying to protect life I doubt if you would go to prison. (The term is to use reasonable force)

If a burglar breaks into your home the last thing you should worry about is YOUR legal rights.
You should take him upstairs to the bedroom and throw him out the window, which would probably kill him.
Phone the police and say he died trying to flee.

The farmer that shot the two burglars a few years ago made the mistake of not killing both burglars.

Answer 2

Violence must not be tolerated but in this case the did not just burgle and leave the premises without incident. The burglar and his partners in crime entered the house of the unfortunate victims assaulted the inhabitants, tied them up and began to beat the family members one by one in order to locate the loot they had come for. They then threatened to kill a member of the family if they did not get what they want. Pretty serious stuff, heh! yet nobody was punished for this offence. Somehow one of the family escaped to bring back help and even though I am against violence it is understandable that the family would wish to show the villain that terrorising their loved ones did not pay, so after catching one of the thugs they gave him a severe good hiding, fracturing his skull in the process. Ok. maybe that was a bit much but what they had been through was also a bit much and the judge should have considered this. The same problem keeps arising doesn't it? the villain has human rights the victim has none and the former three mainstream political parties are not addressing this problem in our society or courts. Even after locking up the Victim, how can anyone explain why the villain got away with such a serious crime. Without political change our courts will continue to punish victims and their families. The sickening factor in this case is that the poor little villain has continued to re offend and still walks free. One word describes the situation and that word is Disgraceful. ATB Red

Answer 3

Depends on what he was doing; if he was trying to kill you then you will have a defence.

The self defence laws in this country aren't as complicated as the tabloids make out: simply, your reaction has to be in response to a direct threat and proportionate to it. So if he is using/trying to use lethal force then your killing him could be justified. You will be judged on how a 'reasonable person' would have reacted at the time. If he is 20 feet away and has his back to you, then you can't claim self defence.

This is the law that Tony Martin (farmer jailed for shooting a burglar) fell foul of. The lad he shot had his back to him and was running away, so he was clearly no immediate threat.

Whether he deserved it or not is another matter entirely....! but thats the law as it is now.

Answer 4

Under UK law, you are allowed to use 'reasonable force' to get a burglar out of your house.

I DO NOT suggest threatening them with a knife, gun but maybe a baseball bat is OK.

However you said 'during a struggle' so it would depend on what actually happened during the actual struggle. If you, for example, kicked him and he went flying backwards, hit a bookcase and books fell on him and kill him you may still be held responsible.

If a burglar breaks into my place I'd offer him the chance to leave the stuff and f*** off otherwise I'll kill him but I'd get arrested and/or sent to prison for it .. unfortunately UK law would make it
murder but I don't think it should since when they break into a place...it's like they gave up their rights to use the law in their favour.

But still, UK law is stupid. :-(

Answer 5

YES!

If in self-defence it has ALWAYS been legal. Self-defence is a primary right that ALL individual citizens have. De facto!

You just need to prove he/she (there are female robbers too you know!) went for you, violently, and you were in fear of your life. Witnesses usually help you here. But they are NOT essential.

This is notoriously difficult to prove, de facto, but also it is VERY difficult to disregard the testimony of someone who has been confronted by a robber in their own home. Especially when they have aclaw hammer or gun in their dirty mits.

Just don't tell anyone beforehand that you would kill a house robber: that might prove 'malice-aforethought', and that could land you with a murder or manslaughter charge.

Answer 6

No. During hte struggle as you put it would suggest you could plead the defense of self defense, which is an all or nothing defense. You are either acquitted or sentenced in full. You may be able to plea provocation (only if it were to a charge of murder, not if you get charged with manslaughter) but i think that would be a bit of a long shot. If it was successful though, it would bring the mean that the ocnviction would be of voluntary manslaughter, menaing that hte judge has discretion to the length of sentence, as oppossed to murder which he can only pass life.

Answer 7

no, can't kill 'em for whatever the reason. pity.
the law should be changed, what the hell is reasonable force?
if i hit the burglar once with my fist and kill him, i'd get done for manslaughter. if i hit him before he gets me, i'd be up on charges of GBH.
the law is an @ss!

Answer 8

In self defence then yes. If you must kill someone then make sure he's innocently boarding a tube train and looks like he might be a terrorist.

You'll get off scott free.

Answer 9

im a law student and i dont think it is legal im afraid unlike the USA..you are able to use force 'as is reasonable' and if this is so, you may plead the defence of self-defence if you do injure the guy..for example, you may be able to whack him on the head and cause him to pass out if need be but killing someone is definatley manslaugter!

Answer 10

In some circumstances it would be legal. It must be proven to be reasonable force, eg. if some kid breaks in with no weapon, nicks something and then is running out when you blow his head off, then this is not reasonable force, but if an armed gang were to hold people hostage in your house in order to get valuables, pretty much anything would be considered reasonable as family members beingheld hostage.