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You are here: Home / Does the law allow you to kill a burglar who has broken into your home?

Does the law allow you to kill a burglar who has broken into your home?

The case of pensioner Richard Osborn-Brooks, who was arrested on suspicion of murder after the death of a suspected burglar, has again focused attention on what you can and can’t do if an intruder comes into your home. Am I entitled to kill a burglar?Yes, but only under certain circumstances.  And you would almost certainly face detailed police questions about your actions.  The police and courts would have to be satisfied that when the burglar died, you were engaging in what the law regards as legitimate self-defence. The legitimacy of that self-defence relies in part on the long-established common law right of honest citizens to use “reasonable force” to protect themselves.   The Criminal Law Act 1967 also encoded a similar “reasonable force” defence for actions taken to prevent crime. But what does the law mean by ‘reasonable’ force?The law has said that “reasonable” should be assessed in the context of the danger that you honestly believed you were facing – not the danger you were actually facing. In other words, even if your threat assessment is later shown to have been wrong, you are still entitled to be judged on the basis of the danger you thought you were… Read full this story

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Does the law allow you to kill a burglar who has broken into your home? have 283 words, post on www.independent.co.uk at April 5, 2018. This is cached page on Bach Thien. If you want remove this page, please contact us.

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