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Crime may soon pay even better in the UK

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  • Crime may soon pay even better in the UK

    Government lawyers say burglars 'need protection'
    By Robert Verkaik, Legal Affairs Correspondent
    05 May 2003

    Government lawyers trying to keep the Norfolk farmer Tony Martin behind bars will tell a High Court judge tomorrow that burglars are members of the public who must be protected from violent householders.

    The case could help hundreds of criminals bring claims for damages for injury suffered while committing offences.

    In legal papers seen by The Independent, Home Office lawyers dispute Mr Martin's contention that he poses no risk to the public because he only represents a threat to burglars and other criminals who trespass on his property.

    They say: "The suggestion ... that the Parole Board was not required to assess the risk posed by Mr Martin to future burglars or intruders (on the grounds that they do not form part of the public at large) is remarkable."

    "It cannot possibly be suggested that members of the public cease to be so whilst committing criminal offences, and whilst society naturally condemns, and punishes such persons judicially, it can not possibly condone their (unlawful) murder or injury."

    A recent report by the Law Commission, which advises ministers on proposed changes to the law, argued that judges had been too willing to reject criminals' claims for damages. The commission insisted that "even a criminal who has committed a serious offence" must be allowed to exercise their civil rights. In recent years, the courts have accepted a number of arguments to defeat actions brought by criminals on the basis of the principle that "crime should not pay".

    Legal experts say the case for treating criminals as ordinary litigants will have been boosted by the arguments raised by the Home Office lawyers in Martin's case...

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  • #2
    Monty Pythons World of Jesters and Judges.

    Comment


    • #3
      This law would generate a lot of shallow unmarked graves, along with lots of "John Doe's"

      England should Annex Californi.

      Will Coy
      "It's a thankless job but I have a lot of Karma to burn off."

      Comment


      • #4
        quote:
        burglars are members of the public who must be protected from violent householders.
        Some people still believe that the supermarket tabloids simply concoct news stories like this.
        I can see the next story line now: "Police officers to accompany burglars to ensure their safety".

        It must be the wigs those Judges wear... too much heat build up is overheating their brain.
        " Life's disappointments are harder to take when you don't know any swear words." - Calvin

        Comment


        • #5
          are you sure this is happening in the UK, and not California?
          May G-d bless you, keep you safe, and always keep you in his loving care

          Comment


          • #6
            quote:
            Originally posted by Chaplain Wolf:
            are you sure this is happening in the UK, and not California?

            Hemtt:
            quote:
            England should Annex Californi.

            California has problems but it is not THAT bad.

            Ca PC198.5. Any person using force intended or likely to cause death or
            great bodily injury within his or her residence shall be presumed to
            have held a reasonable fear of imminent peril of death or great
            bodily injury to self, family, or a member of the household when that
            force is used against another person, not a member of the family or
            household, who unlawfully and forcibly enters or has unlawfully and
            forcibly entered the residence and the person using the force knew or
            had reason to believe that an unlawful and forcible entry occurred.
            Bill R

            Comment


            • #7
              There was a book written about 10 years ago called "The Death of Commonsense in America".

              I see it has spread to the UK.
              Do your best, do what is right

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              • #8
                Mike, Chaplain

                Okay, I'll admit it. We ARE losing the plot in England. The law itself here is ostensibly fair - if you have an honestly held belief that you or another are in imminent danger, then you may use such force that is reasonable and necessary to avert that danger - this includes striking the first blow. It's just the way our Criminal Justice System applies it. Which I know is of precious little comfort to Mr Martin.

                But I was right about the guns!
                I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people, and I require the same from them.

                Comment


                • #9
                  Cockney Corner,

                  First off all no you werent!:-)

                  quote:
                  then you may use such force that is reasonable and necessary to avert that danger - this includes striking the first blow

                  How are they supposed to use that force without any weapons???????
                  May G-d bless you, keep you safe, and always keep you in his loving care

                  Comment


                  • #10
                    There are these things called "fists"...

                    Comment


                    • #11
                      How did this turn into a gun debate again?

                      :-)
                      May G-d bless you, keep you safe, and always keep you in his loving care

                      Comment


                      • #12
                        quote:
                        Originally posted by CrazyinaJeep:
                        There are these things called "fists"...

                        Some of us refuse to soil our hands with the blood of a scumbag who could have some disease. I would much rather shoot him and call a carpet cleaner the next day.

                        Comment


                        • #13
                          quote:

                          Okay, I'll admit it. We ARE losing the plot in England. The law itself here is ostensibly fair - if you have an honestly held belief that you or another are in imminent danger, then you may use such force that is reasonable and necessary to avert that danger - this includes striking the first blow.

                          If that was true, I wouldnt have an arrest record !

                          Comment

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