Posted on 10/26/2004 6:20:03 PM PDT by aculeus
Police chiefs have urged householders not to confront intruders, but to call 999 and lock themselves in safely until help arrives.
Their advice was issued last night after a judge defended the actions of a retired man who shot an intruder who had returned for the third time to break into his isolated country home.
The judge's comments were hailed by victims' groups as the first sign of "common sense" on the rights of householders to defend their property.
However, the police counselled caution - while admitting that the public had little faith in their ability to turn up in time.
The debate surrounding the definition of what constitutes the use of "reasonable force" against intruders was revived by Judge Andrew Hamilton's comments on Monday during the trial of John Rae, a burglar.
Rae, 22, who was jailed for seven years for a string of burglaries and other crimes, was shot in the leg by Kenneth Faulkner, 73, at his home in Ockbrook, Derbyshire.
Mr Faulkner was only told shortly before the trial that he would not be prosecuted over the shooting.
The judge said that he had "sensibly" armed himself with a shotgun and no one could criticise him for what he did. "It is only a pity that charges were considered against him," he added.
Norman Brennan, the director of the Victims of Crime Trust, said the judge had made clear that the law should be on the side of the property-owner not the criminal.
"If the householder needs to protect their home and the burglar sustains injuries, then those injuries are the burglar's fault," he said. "Householders should only be put before the criminal courts in exceptional circumstances."
David Blunkett, the Home Secretary, said he was "open to suggestions" about any changes in the law. However, he did not consider that recent incidents - which include the alleged murder in London of a 45-year-old teacher by a burglar - justified any.
The police said that while householders could use "reasonable force" when confronted by a burglar, their advice was not to intervene.
The Association of Chief Police Officers (ACPO) said in a statement: "You can use force, but it has to be reasonable. Police are restrained by that as well.
"Whether the line is crossed is a decision for the courts to make. We don't believe in vigilantism or excess violence."
Chief Supt Ian Johnston, vice-president of the Superintendents Association of England and Wales, said: "The advice should be, first of all, take commonsense crime prevention steps around your property.
"But if you are broken into - and I know most people will look at this and say 'It's very good for him to say that in the cold light of day' - really and truly, you should ring the police. You should not approach the intruder."
He added: "If the intruder steals some of your property, that's far better than someone getting killed. Ring police and secure yourself and your family, but stress that there is a person on the premises. That really is the only advice we would give."
The advice comes at a time when public confidence in the police has been severely shaken by recent incidents in which officers failed to take immediate action when called out to deal with gunmen.
Senior officers readily concede that the public is sceptical about the speed of police responses and accept that their advice is of little comfort to residents - especially those in the countryside - who hear disturbing noises in their homes during the night.
However, police maintain that if householders make clear that an intruder is on the premises they will respond quickly.
Mr Johnston said: "People will also say - and I have some sympathy for their thoughts - 'What would he do at 2am or 3am when he hears noises downstairs?' I understand that, but we must give that very firm advice - do not approach the intruder."
He added that police were "definitely not" advising people to have weapons in their homes. "We would not tell the public to arm themselves with any weapon, legal or illegal. Burglars could be on drink or drugs and that's why we give the advice we do."
Mr Johnston said the legal situation in Britain was different from that in America. "If someone dared to enter someone's property in the States they would be within their constitutional rights to protect their property. And I dare say people in this country would say, 'What happened to an Englishman's castle?'
"The police are reflecting the law, but within that we can understand when people decide to have a go and protect their property and families. But our advice to them is please don't."
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The socialists have turned British justice on its head. The criominals rule, while the homeowners live in terror.
Run away! Run away !
NO
NEVER tackle a burglar....just shoot the SOB!
The British police are right. I would never tackle a burglar -- I would take aim and shoot him after he theatened my life. Even here in Massghanistan I am allowed to waste the maggot at that point.
Sounds like Kenneth Faulkner had the charges against him dropped. Thank goodness if true.
Do The SNiVeL:
Step 1: "S" is for Safe - Assume a safe, fetal position, preferably under a table or other cover.
Step 2: "N" & "V" are for Non-Violent - Remember, remain non-violent. Moves that could be interpreted as 'self-defense' may only serve to further provoke your assailant. Offer no resistance.
Step 3: "L" is for Limp - Remain limp while begging and groveling for your life!!! This is no time for pride or courage, so cry like a girl, you fool!!! This will always serve you better than a firearm, which would only inject more violence into the situation. Finally, stay limp until your assailant has finished beating you like a rented mule. He will eventually tire from pummeling you mercilessly and choose to move on to a more entertaining endeavor, such as beating your spouse and/or children.
http://www.handguncontrolinc.org/snivel.htm
Madness! Madness has fallen over Britain.
Good for Mr Faulkner----I'd shoot him too.
For everyone who's worried about outsourcing, you can always get a safe and profitable job as a burglar in England.
Sounds like the same advice that was consistently given to airplane passengers about confronting hijackers before 9-11. This kind of advice is a big reason why those passengers died.
Morons, the lot of 'em. Except for Judge Andrew Hamilton.
Anybody breaking into my home is risking his life. Period.
Well, that's socialist government for you. The Leftists always believe in giving the criminals far more rights than the law-abiding. And those idiot police chiefs are schmucks. Anyone who tells you to not resist evil is in league with evil. Period.
But then he [Richard Dawkins, part-time biologist, full-time anti-American crank] goes on: "Now that all other justifications for the war are known to be lies, the warmongers are thrown back on one, endlessly repeated: the world is a better place without Saddam. No doubt it is. But that's the Tony Martin school of foreign policy."
At this point, the Guardian's editors intervene with an explanatory parenthesis: "[Martin was a householder who shot dead a burglar who had broken into his house in 1999]." And then Dawkins continues: "It's not how civilised countries, who follow the rule of law, behave. The world would be a better place without George Bush, but that doesn't justify an assassination attempt."
violet crime
I knew the Euros were a bunch of wienies but hitting each other with flowers is just sissyish.
Says who? I think it is far better that *every* burglar be shot right between the eyes.
Or maybe we just send the burglar to share a home with this moron?
In England these days, you can have crime in any color you want.
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