High Court: Homeowners can use 'disproportionate force' against burglars

scorza

scorza

scorza

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http://www.independent.co.uk/news/u...rtionate-force-rules-high-court-a6815626.html

Homeowners have a right to take tough action or use “disproportionate force” if faced with an intruder in their home, the High Court has ruled.

The so-called “householder defence”, as strengthened by the Coalition Government, has been declared not incompatible with European human rights laws.
...
The judges rejected a case brought by the family of an alleged intruder who was left in a coma after entering a man’s home and being confronted by its owner.

The homeowner put Denby Collins in a headlock to restrain him.

Collins’ family had taken a case against the homeowner, arguing that their son’s human rights had been breached under Article 2 (1) of the European Convention on Human Rights which protects the right to respect for life.

However, the judges have rejected the case on the grounds that the homeowner’s actions were permissible under the so-called ‘householder defence’ introduced by Parliament when the Crime and Courts Act 2013 was used to insert a new Section 76(5A) into the Criminal Justice and Immigration Act 2008.
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Good to see British law trumping European for a change.
 
Rightly so. How is one able to make a judgement at the time if what they are doing is disproportionate or not? The only thing in your mind is to protect your family.
 
"The High Court has warned that the ruling does not mean that home owners will be given "carte-blanche" to attack intruders, but must believe the force is necessary under the circumstances" - Fair enough.
 
scorza said:
Good to see British law trumping European for a change.
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The Independent article is a little vague. It was argued that disproportionate force was incompatible with European human rights laws but that argument was rejected. In other words, the two were found compatible.
 
That's good news. You can't have someone defending their human rights to deemed to be someone committing an illegal act and putting your life at risk.
 
Stovepipes said:
"The High Court has warned that the ruling does not mean that home owners will be given "carte-blanche" to attack intruders, but must believe the force is necessary under the circumstances" - Fair enough.
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When you have a gun/knife/weapon pointed at you I think you can use any force you want. At the end of the day you are fighting and in fear of your and your families life.
 
Twirlywoos said:
When you have a gun/knife/weapon pointed at you I think you can use any force you want. At the end of the day you are fighting and in fear of your and your families life.
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Within reason...

Having a baseball bat or carving knife beside your bed and then continuing to hit/stab the intruder until they are a colander, having stopped being a threat a while ago is not reasonable. I think you'll find most cases where the homeowner has gone to jail have been cases like that (such as Tony Martin).;)
 
This is great news.
You should be able to do anything within reason (not killing the person) if someone breaks into your house. Maybe breaking there legs.
 
Amp34 said:
Within reason...

Having a baseball bat or carving knife beside your bed and then continuing to hit/stab the intruder until they are a colander, having stopped being a threat a while ago is not reasonable. I think you'll find most cases where the homeowner has gone to jail have been cases like that (such as Tony Martin).;)
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To be fair the 'average' person isn't going to have a cool, calm and collected response to having an intruder, possibly armed, in their home. Being afraid for yourself and your family may lead to the individual going beyond what would normally be classed as reasonable.

In a Tony Martin type scenario how could you know that they wouldn't come back? If they've broken in once, they might again. And if you're worried about them being the type that kill for fun, or would rape/abuse your family, you just might find it reasonable to take whatever measure you think is correct at that time.
 
Amp34 said:
Within reason...

Having a baseball bat or carving knife beside your bed and then continuing to hit/stab the intruder until they are a colander, having stopped being a threat a while ago is not reasonable. I think you'll find most cases where the homeowner has gone to jail have been cases like that (such as Tony Martin).;)
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Yeah I kinda agree. I don't like the idea of limits but at the same time I imagine someone crazy deciding to tie up an intruder and setting him alight.
 
MatsyLR said:
This is great news.
You should be able to do anything within reason (not killing the person) if someone breaks into your house. Maybe breaking there legs.
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Should be able to do that too if it can be considered reasonable at the time, i.e if they are armed or are attacking you. I'd stop short of multiple stab wounds or completely mutilating the body and of course calling an ambulance straight away...
 
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