Criminal law and householders - Criticisms?

Watch
spurs9393
Badges: 13
Rep:
?
#1
Report Thread starter 6 years ago
#1
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!
1
reply
spurs9393
Badges: 13
Rep:
?
#2
Report Thread starter 6 years ago
#2
Bump...


Posted from TSR Mobile
0
reply
spurs9393
Badges: 13
Rep:
?
#3
Report Thread starter 6 years ago
#3
Anyone?


Posted from TSR Mobile
0
reply
spurs9393
Badges: 13
Rep:
?
#4
Report Thread starter 6 years ago
#4
....


Posted from TSR Mobile
0
reply
agaata5
Badges: 3
Rep:
?
#5
Report 6 years ago
#5
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/...seholders.html
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

Do you think receiving Teacher Assessed Grades will impact your future?

I'm worried it will negatively impact me getting into university/college (201)
43.79%
I'm worried that I’m not academically prepared for the next stage in my educational journey (51)
11.11%
I'm worried it will impact my future career (35)
7.63%
I'm worried that my grades will be seen as ‘lesser’ because I didn’t take exams (98)
21.35%
I don’t think that receiving these grades will impact my future (47)
10.24%
I think that receiving these grades will affect me in another way (let us know in the discussion!) (27)
5.88%

Watched Threads

View All
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise