Beating up buglars
Feb. 2nd, 2005 09:18 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
sobriqueWell, the news today, is that the Gov'mint has issued advice as to when you're allowed to beat the snot out of some scallywag nicking your stuff.
Basically, up until the point at which he tries to leg it, you're entitled to almost anything 'in self defense', and you won't be prosecuted.
The real point of the law seems to be, that if you're pausing to consider if 'you can get away with it' then you probably can't. Ya'know, if you're thinking, at any point during your engagement, that "I could chop his hand off, and they can't do me" then at that point, it becomes pre-meditated.
If you leap to your defense, and smash the blighter in the face with a golf club, and then go 'oops' then "that's ok". Provided you then don't get the boot in.
I think a much simpler solution would be to remove the protection of the law, from those who are with malice and forethought committing a crime. (Maybe just a crime for which there has to be someone pressing charges.)
So if you're breaking into a house, and someone spots you, the entire street can line up and throw knives and bricks at you. Well, provided they ain't damaging the property of the home owner.
If you're some grotbag who's painting graffiti on the walls of the tube, and someone mugs you whilst you're doing it, tough luck.
Of course, then you'll get arguments over the semantics of 'malice and forethought'...
Basically, up until the point at which he tries to leg it, you're entitled to almost anything 'in self defense', and you won't be prosecuted.
The real point of the law seems to be, that if you're pausing to consider if 'you can get away with it' then you probably can't. Ya'know, if you're thinking, at any point during your engagement, that "I could chop his hand off, and they can't do me" then at that point, it becomes pre-meditated.
If you leap to your defense, and smash the blighter in the face with a golf club, and then go 'oops' then "that's ok". Provided you then don't get the boot in.
I think a much simpler solution would be to remove the protection of the law, from those who are with malice and forethought committing a crime. (Maybe just a crime for which there has to be someone pressing charges.)
So if you're breaking into a house, and someone spots you, the entire street can line up and throw knives and bricks at you. Well, provided they ain't damaging the property of the home owner.
If you're some grotbag who's painting graffiti on the walls of the tube, and someone mugs you whilst you're doing it, tough luck.
Of course, then you'll get arguments over the semantics of 'malice and forethought'...
