Is self defense illegal in Britain?

2010-01-12 9:07 am
http://news.sky.com/skynews/Home/Showbiz-News/Myleene-Klass-Knife-Warning-Marks-And-Spencer-Model-Warned-Over-Waving-Kitchen-Knife-At-Teenagers/Article/201001215518164?lpos=Showbiz_News_Carousel_Region_3&lid=ARTICLE_15518164_Myleene_Klass_Knife_Warning%3A_Marks_And_Spencer_Model_Warned_Over_Waving_Kitchen_Knife_At_Teenagers

"The TV star and Marks & Spencer model was in her kitchen, with her daughter upstairs, when she spotted people peering into her window just after midnight on Friday.

She grabbed a knife and banged the windows before they ran away.

Hertfordshire Police officers warned Klass she should not have used a knife to scare off the teens because carrying an "offensive weapon" - even in her own home - was illegal.

Klass told Sky News in a statement: "My family are totally fine and I thank the police for being so re-assuring and comforting.

"However, I was left shocked and surprised to be told that a private individual in the privacy of their own home runs the risk of committing a criminal offence if, out of fear for their own safety and their loved ones, they grab something with which they could defend themselves if an intruder enters their home.

"I totally respect British law - but surely everyone has the right to self-defence in their own home if they are in danger?"

Her spokesman Jonathan Shalit said the former Hearsay singer was "utterly terrified" and was stepping up security at the property near Potters Bar.

He told the Sunday Telegraph: "Myleene was aghast when she was told that the law did not allow her to defend herself at home.

"All she did was scream loudly and wave the knife to try and frighten them off."

Klass' fiance Graham Quinn was away on business at the time of the scare.

It came amid calls for greater rights for people to defend themselves against intruders on their property.

In December, Munir Hussain was jailed for attacking a man who tied up his family in their home. He and his brother used a cricket bat to beat one of the intruders."


I would be so depressed if I had to live under this society. Though my thoughts on the matter are less relevant, I am much more interested in yours.

What are your thoughts on the article? The general issue?

回答 (22)

2010-01-12 9:26 am
✔ 最佳答案
It is not illegal to carry or use a knife in ones home in the UK. Hertfordshire police have denied that anyone told Mylene that she might be accused of carrying an offensive weapon.

Self defence is not illegal in Britain. The use of "reasonable force" is permitted. This means that the response must be proportional to the threat.

Munir Hussain was not jailed for defending himself. The thief had already left his house and Mr Hussain and his family were no longer in danger. Mr Hussain and his brothers found one of the intruders and repeatedly smashed him around the head with a cricket bat, causing permanent brain damage. This is NOT self defence.

I would be prepared to use any force or weapon at my disposal to prevent someone entering my home or threatening any member of my family. This is not the same as attacking someone who is no longer a threat. I would not be concerned that the police would prosecute me, they are actually very sympathetic to the victims of crime, providing the "victims" do not take the law into their own hands.

EDIT: Several people have mistakenly said that carrying an offensive weapon is an offence, even in your own home. This is nonsense, to be classed as an offensive weapon, the article, whatever it is, must be being carried or brandished in a PUBLIC place.

Auriflamme, thank you, I stand corrected. ;)
2010-01-12 9:22 am
I live with my bf and his mum who are both Welsh and have only lived in Australia for 2 years. Some of the stories about stuff that happens in Britain are ridiculous.

We were actually having a conversation about this kind of thing the other day. Did you know that there are areas in Britain where the public transport system has to use specifically designed armored buses, and some other areas where bus drivers simply refuse to go.

I also heard about a case where a couple of people broke into a night club by climbing into a window from the alley, one fell and hurt themselves and then sued the nightclub - successfully!

However, this stuff isn't confined to Britain, there was an 'Adult's Playground' here in SA which drunk people broke into at night and hurt themselves, so now the playground has been babied down and all of the toys and playthings have been demolished and replaced with an oversized fort and slide.

In my opinion, the world needs a nice big dose of common sense.

I think the idea of cotton-wool kids plays a big part, from a young age kids are over protected and told that they never fail and trying your best is always good enough. Some places have gone so far as to try and ban red pen as it could be damaging to kids.
I mean, really? So what if little Billy scrapes his knee. How else will he learn not to jump off of stuff?
And because all these kids' feeling and knees are so overprotected they don't know how to take any responsibility for themselves.

If you tread on a piece of glass in the park, it IS NOT the park owner's responsibility - it's your own stupid fault for not watching where you're going.

This kind of thing makes me feel so angry!

Another similar thing is people hunting down sharks, evil killer sharks! Jaws is not real life, people! If a shark bites a surfer, it's not because the shark is an evil man-killer, it's because surfers look like basking seals from underneath. And sharks, who's home is the ocean, eat basking seals. If you went to your fridge to get a tasty bacon sandwich, would you be a little surprised if a bunch of pigs hunted you down?

It's like everyone has forgotten how to look at things from two or more sides and use simple logic.

There was another case of stupidity where some people left a knife on the kitchen floor, by accident, and some person broke into their home to rob them and stood on the knife... and then successfully sued them! Like, what the hell has gone wrong with people? How can we be so absolutely stupid!??!!!

====

And to that guy up above who mentioned guns:

LET'S ALL GET A GUN SO WE CAN DEFEND OURSELVES FROM PEOPLE WITH GUNS!!!!

Hey, maybe if no-one had a gun, then no-one would get shot! There's a phenomenal number of stabbings in the UK, an average of 3 a week among under 16s. Imagine if there were guns!

======

Ugh. It's times like this that I wish living on Mars was viable.
2010-01-12 9:15 am
Until we have the guts to elect politicians who will carry out the electorate's bidding and actually bring in laws that we want this situation will continue to happen.

The current set of useless gits that sit in parliament are only interested in protecting scroats, workshys and druggies.

I know many people and ALL of them think child molesters and murderers should be put to death and a recent poll showed that 80% of the population agree with this - so why aren't we doing it?

Because our so called leaders haven't got the guts to bring in some legislation that protects the good amongst us from the scum.
2010-01-12 10:02 am
Self defence IS legal in the UK. That is, provided it is carried out with reasonable force and is proportionate, and that is where the difficulty lies.

Grocer Jack is foolish in thinking it is a safe defence at trial and ANF is plainly wrong.

In this case the householder was unofficially warned that carrying a kitchen knife in a threatening way was a criminal offence - and the officer, a rare individual with common sense, chose not to arrest her. Many others would have on the basis that a crime is a crime and, hey, a self-confessed crime means brownie points for little work.

If the teenagers peering in her window had actually entered the house, even if they did nothing more, and the householder had stabbed or slashed one of them she would certainly have been arrested, charged and convicted. Indeed it may well have been that her celebrity status protected her.

Put simply, the reasonable defence stricture is dependent on the common sense of the Magistrate or jury, but basically says:

if someone pushes you, you are entitled to push them back,

if someone unarmed violently assaults you, you may fight back and may use a non-lethal weapon, but only so far as to stop the assault, i.e. if your assailant backs off you are not entitled to go after them or hit them again,

if someone assaults you with a weapon and you manage to wrest that weapon from them you are not entitled to use it against them, unless they continue to assault you and even then your intention must be to dissuade rather than injure,

if someone assaults you with a weapon and you are similarly armed you are entitled only to use your weapon to dissuade or disarm your attacker, although if you picked up, or showed, your weapon first then you become the attacker in law, even if the other person has invaded your home.

The biggest flaw in this area is that the law assumes that a person attacked out of the blue, or waking to find a stranger in their room, should be able to stop and analyse the situation and decide on the most appropriate course of action that would lead to the least violent resolution of the situation before reacting.

The other part of the story that most here have missed is that carrying an offensive weapon is a criminal offence even in your own home. This is typical of the trend in the UK for laws to be written such that not only are you criminalised if you do something against the law, but you are criminalised if you think about it, inadvertently/accidentally do it or even if circumstances suggest you might do it.
2010-01-12 9:21 am
Yes, I am sure that the police would not have given her a warning had she been English and not a Filipina on her mother's side.

I was attacked twice by the same individual. I left England as I no longer felt safe.
2016-12-24 12:30 pm
1
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2016-12-15 5:54 pm
Self Defense In The Uk
2016-04-15 7:21 pm
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2014-09-08 7:51 pm
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Best
2016-02-26 9:03 am
The pen is mightier then the sword. Follow the writings of Gandhi, peaceful resistance. You live in a country where this is accepted behavior, so one must ask is this legal or sit down and accept it as it is. Change is brought about by bringing to light such behavior as really warranted in this day and age.

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