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What force does the law allow?
In England and Wales, anyone can use "reasonable" force to protect themselves or others, or to carry out an arrest or to prevent crime. Householders are protected from prosecution as long as they act "honestly and instinctively" in the heat of the moment.
What this means in practice is that someone can claim they attacked in self-defence if they genuinely believed they were in peril - even if in hindsight they were clearly wrong.
These guidelines also apply if someone, in the spur of the moment, picks up an item to use as a weapon. The law very clearly says that a householder is not expected to weigh up the arguments for and against in the heat of the moment - but they have to show that their actions were reasonable in the moment.
What is the situation if the intruder dies?
It is still lawful to act in reasonable self-defence, even if the intruder dies as a result. However, prosecution could result from "very excessive and gratuitous force", such as attacking someone who is unconscious.
What about if someone shoots?
The most recent case was that of Andy and Tracey Ferrie. They were in bed when two burglars entered their home. Mr Ferrie fired his (legally-held) shotgun at the men. The couple were arrested but then released without charge.
The judge at the intruders' trial said: "If you burgle a house in the country where the householder owns a legally held shotgun, that is the chance you take. You cannot come to court and ask for a lighter sentence because of it."
The most well-known case is Tony Martin. In 1999, the Norfolk farmer shot dead an intruder in his home. He was jailed for life for murder but the Court of Appeal then reduced that to manslaughter. He served three years in jail.
Originally posted by KingIcarus
Originally posted by mykingdomforthetruth
reply to post by misscurious
Youv'e obviously never had your faced kicked in by a mugger, I have been attacked with a baseball bat and again with a machete both cases were robbery and both cases i was lucky not to be killed and both cases i wish i was armed because i would have killed the #er dead.
i guess you dont give a # about it thou do you
To be honest, mate, I'd imagine the sort of people going around with machetes and baseball bats with the express intention of jacking people are *exactly* the sort of people that would go around with guns if they thought their targets might be carrying.
Also, they'd probably be pointing their guns at you before you even realised it.
i take it you dont live in a city.i can assure you there are plenty of gun wielding crack nuts running around with guns,a lot of them drug dealing nigerian scum.you better hope they dont come to your leafy hamlet or your views may change drastically.
Originally posted by faryjay
I am happy we don't have guns in UK and I'm sure I speak for a lot of the people in UK.
I feel a lot safer without gun wielding crack nuts running around.
Originally posted by EvanB
We have all been angry at the nonsensical obssession with handing our soveriegnty to the EU.. Our unjust laws that put the criminals rights higher than the victims.. Even unto the point that defending our own homes and families against intruders will put us in jail..
Do you think that Gordon Brown would have got away with what is tantermount stealing our gold if we were armed?. Or the constant BS from the EU?.. Open door immigration? Unjust wars?... Man.. The list goes on and on..
All we have left is demonstrations with plackards.. Which they duly ignore.. If like America our citizenry was armed do you think they would ignore our democratic wishes?
Originally posted by Briles1207
crim on crim is fine by me. Let the animals kill the animals.
I am not involved in drugs or any other illegal activities.
My chances of being shot by a "nigerian" as you put it, are practically zero, unless there was an unlucky ricochet.
Originally posted by glen200376
i take it you dont live in a city.i can assure you there are plenty of gun wielding crack nuts running around with guns,a lot of them drug dealing nigerian scum.you better hope they dont come to your leafy hamlet or your views may change drastically.
Originally posted by faryjay
I am happy we don't have guns in UK and I'm sure I speak for a lot of the people in UK.
I feel a lot safer without gun wielding crack nuts running around.
Originally posted by misscurious
NO we didn't .. why do we need guns here?
Actually re reading your post I've never heard so Much nonsense.. so instead of demonstrating peacefully we take to the streets with guns? I'm glad we don't have more people like you livng here...edit on 15-1-2013 by misscurious because: (no reason given)
Originally posted by libertytoall
Originally posted by misscurious
NO we didn't .. why do we need guns here?
Actually re reading your post I've never heard so Much nonsense.. so instead of demonstrating peacefully we take to the streets with guns? I'm glad we don't have more people like you livng here...edit on 15-1-2013 by misscurious because: (no reason given)
I would have thought common sense would drive you to have figured out what he was saying is when the peaceful protests fail THEN you have the guns to protect yourselves from tyranny.edit on 15-1-2013 by libertytoall because: (no reason given)
Originally posted by Quadraphobe
reply to post by stargatetravels
Yes, i am fully aware that it is still possible to possess a firearms license in the country - but they have made it basically out of reach for anyone but the most rich/affluent of persons with so many hurdles to cross - its ridiculous and unjust.