UK: 'Have-a-go heroes' get legal right to defend themselves

The Telegraph ^ | 7/15/2008 | Richard Edwards and Chris Hope

[bruinbirdman]

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.

They will be able to use force against criminals who break into their homes or attack them in the street without worrying that "heat of the moment” misjudgements could see them brought before the courts.

Under new laws police and prosecutors will have to assess a person’s actions based on the person’s situation "as they saw it at the time” even if in hindsight it could be seen as unreasonable.

For example, homeowners would be able stab or shoot a burglar if confronted or tackle them and use force to detain them until police arrive. Muggers could be legally punched and beaten in the street or have their own weapons sued against them.

However, attacking a fleeing criminal with a weapon is not permitted nor is lying in wait to ambush them.

The new laws follow a growing public campaign for people to be given the right to defend themselves and their own homes in the wake of a number of high profile cases.

In 2000, Tony Martin, the Norfolk farmer, was sent to prison for manslaughter for shooting an intruder in his home.

Earlier this year, Tony Singh, a shopkeeper, found himself facing a murder charge after he defended himself against an armed robber who tried to steal his takings. During the struggle the robber received a single fatal stab wound to the heart with his own knife.

The Crown Prosecution Service eventually decided Mr Singh should not be charged.

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.

[P8riot]

OK. Thanks for clearing that up.