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Defending the Castle

Have-a-go heroes get legal right to defend themselves - Telegraph

Home owners and “have-a go-heroes” have for the first time been given the legal right to defend themselves against burglars and muggers free from fear of prosecution.

Nick Herbert, the Shadow Justice Secretary, said: "This is a typical Labour con – it will give no greater protection to householders confronted by burglars because it’s nothing more than a re-statement of the existing case law.”

It came as it emerged that homeowners could have to wait up to three days after reporting a crime to see a police officer, according to a leaked draft of the Policing Green Paper.
It sets out new national standards for local policing for all 43 forces cross England and Wales. Callers to the police will be given set times within which officers will attend an incident.
The paper says that this will be "within three hours it if requires policing intervention or three days if there is less immediate need for a police presence."

Oh that's nice, if I catch Billy Burgler in my kitchen I have no more rights than I did before, just a wishy washy guideline that Plod ought to take into account what I do "as they saw it at the time”... And with Plod hoping to get there in three hours I would have plenty of time to cook Billy a 12lb Turkey with all the trimmings as we wait...

Comments

If I were you Old Boy, I'd cook Billy and feed him to plod to get shot of the evidence...

"Shoot, Shovel, and Shut Up." ??

"Until now people have had to prove in court that they acted in self defence but the changes mean police and the Crown Prosecution Service will decide on cases before this stage.

Flat-out lie, no change. The police decide how seriously to emphasize which facts/conclusions to prosecutorial services, which then decide if they think it worth taking to court and whether they can win a case, and it has long been so. Not to mention plea-bargaining, get a guaranteed conviction on a lesser charge rather than spend time and oodles of money on a risk of losing.

As to the "3 hour to three week" bit, it is a fault of having a national policy rather than series of local policies overseen by regional/national fellow law officers. Since in some areas it may take an hour to respond even by car and even if able to set off immediately, areas where staffed police stations are less than five miles apart will have those constraints - which, as it happens, will make urban forces look marvellous for responding much more quicklt than the "guidelines" allow.

"Flat-out lie, no change. The police decide how seriously to emphasize which facts/conclusions to prosecutorial services, which then decide if they think it worth taking to court and whether they can win a case, and it has long been so."

But...but...but...the police always told me they have no choice in cases like this but to send the case to the CPS and let them make the decision whether or not to prosecute, uninfluenced by the police in any way! Did the police lie to me?!???

If I understand Toad correctly, his advice is sound. A defence based on one's life having been felt to be in danger has become increasingly dangerous to one's wellbeing and liberty, and if you find yourself in court after swatting a potentially dangerous intruder, you are in the dock on exactly the same basis as the worst kind of serial goblin. You might get off, and be commended by the judge for bravery: you might be treated like Tony Martin, banged up and excoriated by the left-wing press as a psychopathic hillbilly. Many people might judge that on the balance of probabilities, the fairest thing to oneself would indeed be to dispose of the felon's remains beneath the compost heap, and say nowt to anyone, ever...

I'm glad I live in a state (Oregon, USA) that respects my right to blow away any interlopers.

Officer: "Was he invited in?"

Me: "No. I feared for my life."

Officer: "Sir?"

Me: "Yes?"

Officer: "We're removing the body now?"

Me: "Oh. Yes, please. Thanks."

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