Basic right of self-defense restored in Britain
posted at 9:07 pm on July 16, 2008 by Allahpundit
Share on Facebook | regular view
Yes, believe it or not, it hasn’t existed in any meaningful sense for a good long while, resulting in legal atrocities like this. But now, at last — hope and change?
Home owners and “have-a go-heroes” have for the first time been given the legal right to defend themselves against burglars and muggers free from fear of prosecution…
Under new laws police and prosecutors will have to assess a person’s actions based on the person’s situation “as they saw it at the time” even if in hindsight it could be seen as unreasonable.
For example, homeowners would be able stab or shoot a burglar if confronted or tackle them and use force to detain them until police arrive. Muggers could be legally punched and beaten in the street or have their own weapons used against them…
In practice, householders are seldom prosecuted if they harm or even kill an intruder but the Act will give them greater legal protection.
The Tories insist that the new law does nothing but restate the law as it stands but there are at least two novelties in the bill according to the Telegraph. For one thing, they’re shifting away from an objective standard of reasonableness, which invites the jury to second-guess defensive actions taken in the heat of the moment, and towards a subjective standard, which would serve people like Joe Horn much better. For another thing, it sounds like the act gives cops and prosecutors new discretion in opting not to press charges against victims. Needless to say, there’s a big difference between having a right to self-defense that can only be asserted in front of a jury when you’re on trial for murder and a right that can be asserted pre-trial as an argument for dropping the case. But I know nothing about British law so let me stop there. Your time is better spent reading this piece from 2004 detailing the slow, steady starvation of the right over the past century in the UK. Don’t click if you scare easily.
You must be logged in to post a comment.
Blowback
Note from Hot Air management: This section is for comments from Hot Air's community of registered readers. Please don't assume that Hot Air management agrees with or otherwise endorses any particular comment just because we let it stand. A reminder: Anyone who fails to comply with our terms of use may lose their posting privilege.
Trackbacks/Pings
Trackback URL
Comments
Comment pages:
Getting tired of the Islamic invasion, one suspects.
profitsbeard on July 16, 2008 at 9:14 PM
Welcome back to the real world, Great Britain. ?
SouthernGent on July 16, 2008 at 9:15 PM
Now, on to Chicago!
GB coming to its senses? The politicos in the Windy City are still in the dark as to why there are so many shootings here. They don’t seem to get it that declaring a gun-free city only disarms the law-abiding, not the criminals.
IrishEyes on July 16, 2008 at 9:17 PM
I can just imagine that the liberal wusses in Britain are running around waiving their arms and screaming about the UK turning into America.
Btw we got the Second Amendment in part from the Declaration of the Rights of Englishmen which permitted citizens to have and carry weapons.
Defector01 on July 16, 2008 at 9:17 PM
Of course…every right thinking Jihadist in Britain should be allowed to protect himself, with his ‘culturaly neutral AK-47′ from the Crusading infidel pigs he is forced to tolerate on a daily basis. Even the Church of England agrees on this point.
AUINSC on July 16, 2008 at 9:17 PM
I predict homegrown jihadis using this law in a fashion not predicted by the lawmakers.
Kevin M on July 16, 2008 at 9:18 PM
It’s really worse than that. Crime in general has skyrocketed.
apollyonbob on July 16, 2008 at 9:21 PM
Despite what liberals may tell you, self-defense laws do not legalize murder.
apollyonbob on July 16, 2008 at 9:23 PM
It’s depressing that this is an unexpected development.
Pent. on July 16, 2008 at 9:28 PM
I thought no one could own guns in Londonistan.
Needless to say, I’m glad I live in a state, Texas, where we can shoot home invaders without fear of prosecution.
madmonkphotog on July 16, 2008 at 9:32 PM
The handgun image was a bit misleading, AP.
DaveS on July 16, 2008 at 9:35 PM
Yeah, but only if you were Protestant! LOL.
radjah shelduck on July 16, 2008 at 9:36 PM
I don’t know where I read this (probably here) that property crimes in the UK were 5 times HIGHER than here in the US, possibly because in the US, we can arm ourselves and in the UK, they can’t. So consequently, if someone breaks down your door in the UK, the criminal maybe armed, but the resident doesn’t stand a chance because they can’ t be. Anyone else heard this?
mimi1220 on July 16, 2008 at 9:37 PM
It’s just a law… what Parliament does Parliament can “un-do”.
What Great Britain really needs is a no-sh*t constitution that categorically limits government and protects the citizens’ rights.
Oh, wait, then that would be the US….
darkpixel on July 16, 2008 at 9:38 PM
This will not go down well with Britain’s Prevailing Administrative Culture! Not well at all!
ForNow on July 16, 2008 at 9:42 PM
Shoot first. Allahu akbar later.
Dr.Cwac.Cwac on July 16, 2008 at 9:43 PM
Gee, I just can’t understand how Great Britain became overrun with Muslims in the past few years. They put out a welcome mat for criminals and terrorists.
It boggles the mind of anyone with common sense how any person or government can be so damn stupid.
fogw on July 16, 2008 at 9:43 PM
Finally you can shoot an intruder in England. Now, if only they allowed to own a gun in the first place.
freevillage on July 16, 2008 at 9:47 PM
Does this mean that self defense will become a lawful reason to own a gun? When I spent three months there in early 2000, you couldn’t own a gun unless you killed your own food…and even then.
I always thought the baseball bat stock at sporting stores was a myth, but after seeing it, they sell alot of bats for a country that doesn’t play.
sunny on July 16, 2008 at 9:59 PM
The Tony Martin case was a tragedy. I remember discussing it on gun boards when it happened.
jdun on July 16, 2008 at 10:16 PM
It’s not the right to self-defense unless you actually have something with which to defend yourself. This just means you aren’t as likely to be jailed for breaking a lamp over a burglar’s head, should he not stab or shoot you first.
Still, it’s a step in the right direction.
vonspringer on July 16, 2008 at 10:41 PM
Just in time to fight back against the jihadis.
Welcome back from LaLaLand, mates.
Tony737 on July 16, 2008 at 10:58 PM
“… been given the legal right to defend themselves …”
A “given” right is no right at all and the prevailing attitude that it is so guarantees only that it is at the whim of the government as a later part of the story clearly shows:
That only reason for the change of heart is that Straw brushed too close to having to defend himself in court. England is still ruled by monarchs who give and take “rights” as is deemed expedient to save their own a$$es.
Still, this is good news. The people of Britain can rejoice their government will be whit more benevolent for a time.
Dusty on July 16, 2008 at 11:08 PM
I’m still trying to grasp the concept that defending one’s self is a “given” legal right subject to withdrawl.
GarandFan on July 16, 2008 at 11:37 PM
Wow, “Britain Awake!”
and just when I’d decided it was past time for me to relegate
There Will Always Be An England to the dust bin.
INC on July 17, 2008 at 12:12 AM
Revealed: Nowhere safe in Blade Britain as knife violence spreads to provinces
I love the name they gave it: Blade Britain. It would be funny but for the fact people are being seriously injured and/or killed.
Blake on July 17, 2008 at 12:53 AM
‘opting not to press charges against victims’
That’s mighty kind of them. There is just so much wrong with the whole concept of pressing charges against victims.
BDavis on July 17, 2008 at 1:31 AM
As an American who resides in England (USAF) I always get a reaction from the locals when they see my pistol on my thigh (Military Cop) at the base entry gates. If we ever have to respond to protesters at the gates (show up to make sure the moonbats don’t breach our perimeter) they freak out at the sight of a gun. They act like it’ll jump off my leg and start blasting uncontrollably.
Heh. No wonder we dumped their tea.
Black Adam on July 17, 2008 at 1:58 AM
Crime will go down.
Johan Klaus on July 17, 2008 at 2:20 AM
They were not stupid at all, fogw, they were protecting their voters.
OldEnglish on July 17, 2008 at 4:34 AM
Not so sure about that.
He was jailed for shooting at a man running away from him. He shot the guy in the back. Now you might say the guy shouldn’t have been there but shooting someone in the back also seems a little off.
Ares on July 17, 2008 at 7:57 AM
Try this, put a sign in front of your house, “no guns in this house”. Let me know how it works out for you, if you can.
England was running a countrywide test.
tarpon on July 17, 2008 at 8:34 AM
There’s a pistol in the photo, but are Brits allowed to bear arms again or are they all buying cricket bats to protect their castles?
Hening on July 17, 2008 at 8:40 AM
It doesn’t mean all that much as the most useful self-defense weapons (handguns or knives) are still illegal,
but it is a start.
It is obvious that what the elites have tried has failed. Maybe the huddled masses have just finally had enough of this crap.
Harry Schell on July 17, 2008 at 9:51 AM
Quite so. The British speak of themselves as being ‘free’ and living in a ‘free country’, and that they have ‘rights’ – they are no such thing and have no such thing. What they refer to as ‘freedom’ is being a crown subject, and their ‘rights’ are actually mere concessions.
No it won’t. British criminals still have no need to fear their victims. The full traditional right to arms in defence of god, crown & country needs to be restored, together with the legal doctrine of ‘home & hearth’ defence – a man’s home is his castle. This development is a long way from being a solution to anything, but as others have stated, it’s at least a step in the right direction.
LimeyGeek on July 17, 2008 at 10:17 AM
I visited England last year and went to the Cheshire Fair (would recommend it to all of you). I was suprised to find they had a shooting range at the fair (5 stand) and were teaching the public how to shoot – And that the line for lessons was over a half hour long!
On the second day of the fair, my sister and I ran into several armed officers and were chatting them up when a child wandered over. You should have seen the mother hustle over and grab the child as soon as she saw the guns they were wearing. The officers told us that one of the reasons they were at the fair was to make the public less afraid of armed officers.
O/T but if you visit the UK try and time your trip to coincide with one of these fairs. The Cheshire show was SO BIG we didn’t get to see it all in the 2 days we were there. County fairs here don’t come anywhere near the fairs in the UK. They are great trips for the kids too!
FloridaBill on July 17, 2008 at 10:55 AM
You may not have been aware of this, but you were a stones throw away from some unspeakable crime holes! Hence the stated mission of the armed officers.
Glad you had a good time – it’s a great fair :)
LimeyGeek on July 17, 2008 at 11:26 AM
Problem is…this is England! They still revere their Queen because they still like being “ruled” by someone! This is the navy that summarily surrendered when fired upon by some punks in the gulf! Do we really expect people like this to take this responsibility seriously? I don’t think so! This is for free Americans! Truly free people who want to remain free! People who are not willing to meet any man on bended knee!
sabbott on July 17, 2008 at 12:25 PM
I guess the liberal wingnuts over there are getting tired of being blamed for people getting killed in the name of ” Thou’ shal not hurt another”.
It’s amazing how long this place we call England has had to sit and be a victim before they changed their assinine ” Dont hurt the criminals ” attitude.
Of course, D.C. has been doin it for 30 years, go figure.
tx2654 on July 17, 2008 at 1:08 PM
Comment pages: