police warn against defending yourself

PeeCee


Joined: 16/03/2009
Posts: 133

Message Posted:
10/01/2010 19:03

Hard to believe, but Myleene Klass (TV and Marks and Spencer model) was given a warning by the police after she frightened off potential attackers by waving a kitchen knife at them. She was alone in her London home with her daughter up stairs when youths entered the garden and peered through the kitchen window. Clearly very frightened, she screamed, grabbed a kitchen knife and they ran off. She then called the police who then told her off for brandishing a knife in her own home. It would seem that using a knife in a "threatening" way its against the law even in your own home and to defend yourself and protect your child. Don't know what you are supposed to do if threatened in this way - let them get on with it! I actually thought it was legal to do all possible to protect yourself in your own home.

PeeCee


Joined: 16/03/2009
Posts: 133

Message Posted:
10/01/2010 19:12

Sorry - this duplicates a similar post

swannee7


Joined: 21/08/2009
Posts: 394

Message Posted:
10/01/2010 19:16

The 'Daily Mail' is running a campaign to have the current ludicrous legislation on this overturned. As things stand, the lesson to be learned here is to do 'your thing' if in a similar situation to Mylene Klass and act instinctively to protect yourself and your home etc., (like shouting, waving an 'offensive weapon' etc) but DON'T TELL THE POLICE ! The yobs won't report the incident either!

teatime


Joined: 20/10/2008
Posts: 852

Message Posted:
10/01/2010 19:18

The countries gone mad!!!

smithy


Joined: 17/07/2008
Posts: 5301

Message Posted:
10/01/2010 19:22

I would pick up anything to hand including a knife to protect my family, good on you Mylene

Suffolk



Joined: 31/08/2008
Posts: 222

Message Posted:
10/01/2010 19:28

Have just pulled my blind down and locked the back door in the Kitchen before I attack the joint!!

Lilli



Joined: 21/07/2008
Posts: 13081

Message Posted:
10/01/2010 19:36

smithy so would i at the risk of any punishment family first xxxxxxx

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
10/01/2010 19:48

it's a very old common law to do with trespass, I believe. If they had not broken in then you can only use reasonable force, whatever that is. Once they break in then I believe you can apply greater force but still have to be wary of shooting them in the back and then leaving them to die - I believe you have to call an ambulance or else it would be pre-meditated murder then. However, there appears to be no problem in the UK with you killing burglars under the right circumstances according to the police, see http://www.melaniephillips.com/articles-new/?p=279

Mindy



Joined: 27/10/2008
Posts: 1210

Message Posted:
10/01/2010 23:41

Would a cucumber count as an offensive weapon..... expect the police would have said same if she had waved that at the intruders. UK law is an ass...............

dizzycows


Joined: 12/05/2009
Posts: 2736

Message Posted:
10/01/2010 23:45

At least you could eat the evidence against you!!! then let the police try and arrest you!!

YeniTom


Joined: 29/12/2009
Posts: 198

Message Posted:
11/01/2010 00:28

How come Police can use dogs to apprehend a suspected criminal during which the dog may bite, night sticks to hit them, CS or pepper spray Tazers and so on but I can't?



It would be a good one to get a Tazer, have manufacturer training with a Certificate and then argue the point in court.

YeniTom


Joined: 29/12/2009
Posts: 198

Message Posted:
11/01/2010 00:31

Oooops. Just answered my own question.



UK legislation states that they are prohibited weapons!!

phylray



Joined: 21/09/2007
Posts: 1727

Message Posted:
11/01/2010 01:11

Well, I shall defend my own and my home with anything I find handy be it

a knife, sword, or frying pan, and God help anyone who enters with intent.

You are allowed to use "reasonable force" to defend yourself, and it is how

that is interpreted which is the nub.

boglefan



Joined: 07/06/2009
Posts: 511

Message Posted:
11/01/2010 01:22

I posted on the other thread re my feelings, but to continue - if someone broke into my home I would gladly do time to protect my family and the home my husband and I have worked hard to have. I think it would be my human rights that were infringed and stuff the trash that do not want to earn an honest wage. I consider the ones who break into people's homes to be the lowest of the low. It seems in softly softly Britain the law is an ass and that the criminals have more rights than the victims! Roll on that lottery win when (sic) I can wave goodbye to this glorious country of ours.

yorkie58


Joined: 16/09/2008
Posts: 245

Message Posted:
11/01/2010 06:54

First of all don't tell the police what you did and I am sure you can use ''reasonable'' force to protect yourself or family from danger, remember once I chased some intruders whilst my wife called the police when I returned empty handed the police were in my house talking with my wife, when I asked why they were not outside trying to catch the buggers they told me to calm down or I would be spending time at the station, this was the UK at least 8 years ago

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
11/01/2010 09:33

see msg 8, under certain circumstances you can legally kill an intruder, the original news article is about not being able to use a dangerous weapon to threaten a trespasser who is outside your home.

deecyprus4


Joined: 27/07/2008
Posts: 3452

Message Posted:
11/01/2010 09:39

I would kill to protect my family..bugger the law and the consequences.

twaddle


Joined: 06/07/2008
Posts: 245

Message Posted:
11/01/2010 10:25

It all depends on whether what you do is reasonable. A court would also need to decide where defence becomes offense. For example, the guy that was prosecuted last year for attacking a robber with a cricket bat was convicted because he had to chase the suspect quite some distance before he could catch him and then set about him, thus he was clearly not defending himself or his property but was instead dishing out his own form of justice. Sometimes what you read in the press is not exactly accurate you know! Don't blame the police, they have to follow the law that is laid down by Parliament. Not sure that I would want to live in a country where you can use whatever level of violence they like against someone who enters your home, there are people out there who would take things too far!!

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
11/01/2010 10:35

It's ridiculous. Who in their right mind would'nt protect their family and their home?

Jovial_John


Joined: 31/01/2009
Posts: 1024

Message Posted:
11/01/2010 10:52

About 30 years ago I heard a noise at the back of the house, got up, sneaked out of the front door and caught a burglar standing on the coal bunker and trying to get in the kitchen window. I beat the s..t out of him (I was a 32 year old 18 stone rugby player), and sat on him while my wife called the police. When they arrived the sergeant in charge asked me what had happened to the man and I said he had fallen off the coal bunker when I shouted at him and hit his head. The sergeant said to me "It doesn't look like he fell hard enough" and then gave him a good kicking to add to what I had done.

Haven't times changed. (This is true).

phylray



Joined: 21/09/2007
Posts: 1727

Message Posted:
11/01/2010 11:05

J J He wouldn't do that again in a hurry then!

malsancak


Joined: 23/08/2009
Posts: 2874

Message Posted:
11/01/2010 11:15

Jovial John, my detective brother-in-law used to complain about how the police used to be able to get away with all sorts of things 30 years ago, including a police officer being able to flash a warrant card if they were caught drink driving. Corruption and abuse of power in all areas of life was rife then. Strangely, lots of posts complain about north Cyprus still being like that.



No1Doyen, the argument is not about whether you can protect your family it is about the degree of force you can use. Unfortunately, when you do confront a burglar the adrenaline kicks in and sometimes you go further than the law allows, e.g. chasing an unarmed burglar and seriously beating them. What the law perhaps does not take into account is the shock you feel, caused by the burglar, and how that affects the level of aggression you feel towards them. I'm normally quite harmless but where my family is concerned, in the heat of the moment, I'm not sure I'd know when to stop.

No1Doyen


Joined: 04/07/2008
Posts: 16617

Message Posted:
11/01/2010 11:30

malsancak. "Corruption and abuse of power in all areas of life was rife then"



It still is now.