Criminal law and householders - Criticisms?
Hi,
How well does the criminal law allows householders to defend their homes against intruders?
Does anyone have any suggestions as to what I could write as an answer for the above question? What are the advantages/criticisms of the current law regarding this? Is there any relevant cases (maybe R v Martin is one?)
Thanks!
How well does the criminal law allows householders to defend their homes against intruders?
Does anyone have any suggestions as to what I could write as an answer for the above question? What are the advantages/criticisms of the current law regarding this? Is there any relevant cases (maybe R v Martin is one?)
Thanks!
Look at the statute, which governs self-defence - that is s. 76, Criminal Justice and Immigration Act 2008. For householder cases look at s. 76 (5A) and s. 76 (7).
''Section 76 of the Criminal Justice and Immigration Act 2008 provides clarification of the operation of the existing common law and statutory defences. Section 76, section 76(9) in particular, neither abolishes the common law and statutory defences nor does it change the current test that allows the use of reasonable force.''
You can still use cases such as Martin [2001], Beckford [1988], Palmer [1971], Keane and McGrath [2010] (para 4-5 is a summary of the current law), R v Hussain and another [2010] EWCA Crim 94.
This might be useful: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/192945/self-defence-circular.pdf
https://www.cps.gov.uk/publications/prosecution/householders.html
''Section 76 of the Criminal Justice and Immigration Act 2008 provides clarification of the operation of the existing common law and statutory defences. Section 76, section 76(9) in particular, neither abolishes the common law and statutory defences nor does it change the current test that allows the use of reasonable force.''
You can still use cases such as Martin [2001], Beckford [1988], Palmer [1971], Keane and McGrath [2010] (para 4-5 is a summary of the current law), R v Hussain and another [2010] EWCA Crim 94.
This might be useful: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/192945/self-defence-circular.pdf
https://www.cps.gov.uk/publications/prosecution/householders.html
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