Will you be prosecuted?
2006-12-09 02:27:15 · 37 answers · asked by BrilliantPomegranate 4 in Politics & Government ➔ Law & Ethics
I'm in the UK, for those who wondered.
2006-12-09 05:14:58 · update #1
Sufficient force to protect yourself and eliminate the threat. You are required to run away rather than fight if you can.
If you hit the guy with a baseball bat and he falls to the ground, you can't then hit him again - you have to run from the house and contact the police. If you shoot and wound him so that he is no longer a threat, you cannot shoot again.
You are not allowed to use anything more than 'reasonable force' to protect your property. That is generally taken to mean you can't cause any real harm to the person just to protect your stereo; but you can if they are threatening violence toward you.
You also cannot shoot or hit them if they are trying to run out of the property - there is no longer an imminent threat.
2006-12-09 03:23:34 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I live in England and we're always hearing about home owners getting arrested for punching a thief while they were trying to steal their TV and I understand people in the ridiculously litigious US have been sued by burglars who were hurt falling off their roofs!
Personally I feel that if it can be proved that a burglar is there to commit a crime they should not have so much legal protection - why do human rights too often mean rights of the criminal? The victims human rights are too often spat on. In the UK reasonable force is the very gray undefined message about what force can be used. You cant stab them unless they attack you with a knife first. You cant shoot them unless they've shot at you - I guess the governments would like us to say 'can I help you get that TV to your van outside' and then pitch in.
Realistically I would use maximum force (how DARE they invade my home?) I would not hesitate to kill an intruder and would certainly deal with the situation privately as the law always protects the criminal.
If the burglar attacked you and you got in a few good punches and won - the policemen arriving would probably arrest you for GBH. God, how I wish that was ridiculous. Its not. Its really not...
2006-12-09 07:10:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Under English Law, if you try to stop the robber by hitting or stabbing, you will probably end up on a GBH charge. No matter how sympathetic the public might be when its all reported in the press. I would take considerable care to avoid any confrontation with a robber inside your home. Ensure you fit the very best security devices you can afford. Alarms the lot. Be on friendly terms with neighbours. Look out for them and they will look out for you. Good luck.
2006-12-09 05:27:49 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It all depends on circumstance.
According to the Law you can use whatever force necessary.
But it must be justified.
It also depends on the nature of the crime, the age of the offender and the penalties that are incurred for the offence.
Agrevated trespass is a very strange area of law.
As far as I'm concerned as much force as stops the threat outright.
The last time we were burgled one of the guys tryed to stab my farther in the face with a screwdriver, we fought back alright. Chased them off, called the police with there reg. An they got nicked.
Nothing was done, we never even saw a copper, an they tried to prosecute us for assult!!!
Next time I suppose we'll have to get stabbed before its called defence.
2006-12-09 02:41:13 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Lawfully self defense covers those protecting themselves and those that are dear to them. However, if the robber does not have something in his possesion that can kill you - you can't use deadly force against him. The law protects only those who fight off intruders on equal grounds. Be careful, as I'm sure this is not always going to work out well for you. On time a robber tried to get in through a sky light, but fell onto a knife that was on the victim's counter top. The robber sued and won. Awkward.
2006-12-09 02:38:26 · answer #5 · answered by Doot 3 · 1⤊ 0⤋
If your in the Uk you'd have to be very careful you didn't violate the robbers human rights.Therefore the utmost civility and understanding should be used.Remind the said robber that you will call the police,and if they turn up and he is arrested at some point and he is found to be a drug addict fuelling his addiction.It should be pointed out to him that he may not get his full daily intake of his prefered narcotic in prison.However this is not all bad news for him,because now he stands to gain a substantsial payout for,yes, violation of human rights.After all he was self employed and only doing his job.
2006-12-09 06:00:57 · answer #6 · answered by alan r. 4 · 0⤊ 0⤋
i dont see how you can draw a line in the sand if i find someone in my house i would batter them to death by fear .they would get what was coming to them ,and then i would have to hope the court used common sence .if you dont make a stand to protect your family because your worried about being prosecuted is wrong. the people that feel they can break in other peoples property need to be taught a lesson so they dont do it again ,that wouldnt be the idea behind me battering like i say that would be out of fear but i would step up for my family . the answer to your question would probably be every situation is different but the main problem is the system is screwed up .laters
2006-12-09 05:26:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋
U.K Reasonable force.
I believe that should s/he come up stairs while you are in then you have more rights and more chance of getting off should you attack them.
Should this happen to you it is worth saying that the robber said to you ' I'M GOING TO KILL YOU ' had s/he said this then you should be able to use reasonable force to remove them or restrain them because you believe YOUR LIFE IS IN DANGER.
Should the burglar be hurt then you will probable be arrested however most copper with common sense will be on your side (you probably won't get cuffed and maybe able to get their advice off the record)
Should you get arrested however much you feel in the right and don't need one, GET A SOLICITOR.
2006-12-09 02:49:03 · answer #8 · answered by daveshere 2 · 0⤊ 0⤋
If they are in your home uninvited you are allowed to use reasonable force to stop them commiting a crime, or to effect a citizens arrest should you suspect them of a crime.
You do not have to wait for them to attack first, common law says that you can use a preemptive strike if you have a genuinely held beleif that you are about to be attacked.
As to the amount of force you use that is dictated by the criminal lae act, section 3, this says that a person may use such force as is reasinable in the circumstances to prevent crime or to apprehend offenders.
Basically if you can justify the level of force you use to protect yourself, family and property there should be no legal implications on yourself.
2006-12-09 03:48:33 · answer #9 · answered by rick_wenham 2 · 1⤊ 0⤋
I would probably be prosecuted but if someone came into my home and i feel threatened which i probably would be since i have 4 kids i am on my own with i will do anything to disable him to protect my children this would be done by using martial arts since i am black belt so he would gte a bigger shock that i would because i could take him down and he would stay down until police arrived
2006-12-09 02:54:58 · answer #10 · answered by thunderchild67 4 · 1⤊ 0⤋