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Old 25-03-2004, 10:17   #23
Pierre
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Re: Should there be a right of unlimited defence of your property?

Quote:
If someone broke into my house when I was there I would protect myself but I would only disable the person or detain him until the police arived. I cant see any need to kill the guy !
I have never mentioned killing anyone.

However, I note you say that you would disable the man and detain him.

If he doesn't attack you how will you disable him? if you make the first move you are attacking him and you could be arrested for assault.

Also you say detain him, you could be arrested for false inprisonment, kidnapping or abduction.

This is what I am talking about you should be able to disable and detain someone and escape charge but under the present system you cannot.

you can only use the undefined "reasonable force". If you knock someone out is that "reasonable"? if you tie someone up is that "reasonable"? If you kill someone is that "reasonable"?

depening on the situation you may think youare being reasonable, however the CPS may disagree and charge you and you may be convicted.

There are no guidelines for people to follow, people don't know what to do. The safest option is to let whoever is robbing you carry on, and make him a cup of tea whiles he's at it.

This why I suggested

Quote:
If the resultant investigation proved that he was there uninvited to rob/kill or rape you. Then you should not be charged with anything.
Then at least you have the knowledge that you can defend your property
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