RapierFugue
Posts: 4740
Joined: 3/16/2006
From: London, England
Status: offline
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quote:
ORIGINAL: LadyConstanze
The laws in the UK are a bit odd, for example if I am out and a burglar breaks in and my dog bites said burglar, burglar can't do anything.
Not so. Used to be, isn't anymore. Although prosecutions are rare.
quote:
ORIGINAL: LadyConstanze
In case I am in the house, it is decided on an individual case by case basis and the dog could actually be put down for that (burglar could claim it's a dangerous dog), in case that would happen a friendly police woman told me that I was under the impression the burglar was going to attack me and so was the dog, so despite having a dog who's super friendly, I got the sign out there "Beware of Doberman" so no freaking burglar can sue me or endanger my dog...
The sign doesn't protect you from prosecution, nor the dog from being put down if it bites someone. It helps, but it's not a solution. If the bite occurs in a garden or yard then the dog is in more trouble than if it's inside, but it's still not good.
quote:
ORIGINAL: LadyConstanze
It's a bit odd here, you can't even have barbed wire on a wall to stop intruders and the intruder gets injured, I'm liable then (which seems absurd to me, you know making sure somebody who plans to rob me is not injured - I'd bloody well hope he would before he gets in and injures me) however if I have Hawthrone and other prickly plants planted and a burglar gets injured by them it's their own fault.
True. Although technically you can have the barbed wire, it's just you're then liable for injuries it does. I.e. there's no law saying you can't. Same goes for broken glass tops to high walls. Plants are fine though, yes.
MOD property has different rules BTW - if you try to break into an Army base, for example, and hurt yourself on the barbed wire, then tough shit.
quote:
ORIGINAL: LadyConstanze
I find it a bit ridiculous that somebody can come in and try to rob me but I have to make sure they're not injured, you'd think if they're breaking into my house you can assume that their motivation is not a friendly one and coshing them over the head with the marble rolling pin, knocking them out and calling the police would be the required action, but apparently not.
When it comes to personal assaults the law's fairly clear; if they have a gun, you can use a knife.
If they have a knife, you can use a lump of wood.
If they have a lump of wood, you can use your fists/feet, etc.
If they don't have anything you can use harsh language :)
Actually it's even odder than that; you're not permitted to use "direct physical force" but you can use any "reasonable restraining force"; what this means in practice is that, if someone breaks in to your home, avoid punching them, but if they should "trip" and you then pile in to "restrain" them, you're not liable for damage. I got briefed by a cop on this ages back and it came in handy later when I "restrained" a drug addict who kept breaking into local houses when off his face - when he got to mine, there was a struggle and in the ensuing "restraint attempt" his arm got broken and his elbow shattered (awwww ... shame). The cops were fine with that. However, if I'd punched or kicked him repeatedly then, crazy as it sounds, I could have been liable, despite him being the aggressor; in practice the police almost never prosecute so long as you don't beat the crap out of the perp but the law isn't exactly on the resident's side.
If you have a gun, even a licensed firearm, and use it to defend your property then you will go to jail, unless you can prove that your life was in immediate danger from a similarly armed perp, such as they'd already had a pop shot at you and were lining up for another one.
ETA: One other thing; the "reasonable restraining force" thing only applies if you're inside your own property; if you're challenging someone at the door then, and I accept this is crazy, it's better to allow them in, then drop them, then it is to struggle at the door. If they fall even slightly outside your front door, even if it's into your garden, then you could be in trouble. Again, police normally quietly cover up in that sort of instance, but there have been cases where people were prosecuted for "assaulting" someone who was at their door.
< Message edited by RapierFugue -- 1/9/2011 7:51:18 AM >
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Legally speaking, what is a "house"? - 
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