Britain To Sort Of Get Castle Law

Justice Secretary Ken Clarke: "It is quite obvious that people are entitled to use whatever force is necessary to protect themselves and their homes"

In the United States there is a legal doctrine based on English Common Law called Defense of Habitation Law or Castle Law, which essentially acknowledges the individual’s right to regard their home, car and work premises as a “place of safety”.

Castle Law gives the individual the right to use whatever force necessary to “defend” his “place of safety” and any person legally inside it.

Now at last in Britain people are going to be able to take action against the scum that break into people’s homes and businesses:

Ken Clarke was speaking ahead of the sentencing bill being debated in the Commons this afternoon.

He said an act of Parliament will be used to “clarify” the existing legal right to use “reasonable force” against intruders.

Mr Clarke told the BBC: “We will make it quite clear you can hit a burglar with a poker if he’s in your house and you have a perfect defence when you do so.”

“If an old lady finds she’s got an 18 year old burgling her house and she picks up a kitchen knife and sticks it in him, she has not committed a criminal offence, and we will make that clear.”

David Cameron last week promised that the new justice Bill would “put beyond doubt that homeowners and small shopkeepers who use reasonable force to defend themselves or their properties will not be prosecuted”.

Mr Clarke accepted that the defence of reasonable force already exists, but said: “Given that doubts are expressed, we are going to clarify that.

“It is quite obvious that people are entitled to use whatever force is necessary to protect themselves and their homes.

“What they are not entitled to do is go running down the road chasing them or shooting them in the back when they are running away or to get their friends together and go and beat them up.

Doubtless droves of bleeding heart Liberals will be mobilising to defend the Human Rights of the burglars, robbers and thieves,  bleating the standard excuses for the criminals and making sure they are protected without regard to their victims Human Rights, or otherwise.

Once the criminal has been driven from the premises then it would not be reasonable to pursue them with force as the objective of the law is to defend your place of safety, and once the criminal has gone this has been achieved and it then becomes a job for professional law enforcement to apprehend the criminal.

Doubtless there will be legal test cases to set the bounds of the law, in some cases more criminals will arm themselves for burglary than currently do so, their sentences when caught should be longer to reflect the level of force they are willing to use to rob and steal.

The change in the law will send a clear message to the scum that believe they can prey on people, breaking into someone’s home is going to be a whole lot more dangerous than before because the criminal no longer has the protection of the law if attacked in someone’s home or business.

That can only be a good thing.

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About Tory Aardvark

Climate Realist, Conservative and proud NRA member. I don't buy into the Man Made Global Warming Scam, science is never settled. http://toryaardvark.com @ToryAardvark on Twitter ToryAardvark on Facebook

Posted on June 29, 2011, in Conservative, Political Blogs and tagged , , , , . Bookmark the permalink. 2 Comments.

  1. If anyone breaks into my humble castle I will take that as a direct and definate threat to the health and safety of both myself and my son, and will react accordingly, preferably BEFORE the scum breaking in has the chance to use unreasonable force against us!
    This has been sold as a new law being made from the news I saw about it, but in fact I suspect that poor bloke who IS STILL being held for doing pretty much the same as we all would, is the key trigger for this clarification debate. It’s about bliddy time the nasties in this world got their cumuppance I am afraid!
    The laws surrounding those caught and prosecuted for these offences also need a serious overhaul, no amount of pleading “oh I was abused or had a tough upbringing” is any excuse for committing a crime

  1. Pingback: Britain To Sort Of Get Castle Law (via Tory Aardvark) | MibsBlog

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