There has been quite a bit of coverage in the civilian press over the last 24 hours, regarding a 78-year old male who has been arrested on suspicion of murder after he allegedly found two individuals inside his property who, it appears, shouldn’t have been there.
For obvious reasons, this article is not about that particular case.
Instead, we just wanted to highlight to the general public why the Police still have to make an arrest in circumstances where, for example, you end up having to defend your life and/or your property against would-be intruders/attackers.
If your chosen career path in life (people aren’t forced to become burglars), is to break into other peoples houses and steal their property then, as far as many, if not most people are concerned, if you end up getting assaulted during the execution of your crime then it’s ‘tough titties’.
Stay out of peoples properties, then you won’t end up potentially getting hurt.
I once had to grapple with a burglar on my day off of work. I only wish that I had of been able to use ‘no more force than was necessary’ on him (he knocked me out with a Laptop that he was trying to steal from my neighbours flat before I had a chance).
When the Police are called to incidents whereby a brave property owner/resident has taken on an intruder, then they won’t really have a choice but to arrest the property owner if the intruder ends up sustaining injuries.
But this is just a standard procedure. The Police cannot act as ‘judge and jury’ when called to an incident. The circumstances need to be investigated – which is what arresting someone is all about; to allow a prompt and effective investigation….
I can assure you, that the real victim in this sort of scenario will be treated with the utmost of dignity and respect by the Police as they carry out their investigation.
And remember that just because you have been arrested then it does not necessarily mean that you will be charged.
And, if you are charged, then it does not necessarily mean that the Courts will find you guilty. A couple of questions which might get asked are: Did you fear for your life, and did you use no more force than was necessary?
I personally have enough faith in our Justice system to hold onto the hope that if someone is arrested for defending their property and/or life against an intruder, then they will be seen as the victim of such an incident, rather than the perpetrator.
But that’s just my own opinion…
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Police do nothing for crime that’s why drug dealers take over towns and villages. Drug takers then rob the elderly. Simple kill offenders reduces drug problem because of cut backs or police ignoring problem. South yorkshire police….. what a joke…..
so putting a homeowner, defending themselves through the financial and emotional turmoil of having to defend themselves in a court is ok? it’s not a justice system, it’s a circus
Code G of PACE is quite clear. If I were the householder I would say: I am willing to be interviewed, you can search my address and I will consent to providing intimate samples so what is the justification of my arrest?
Read the add ons to prompt and effective investigation. The justification is quite clear
Prompt and effective investigation through interview and gathering evidence e.g. house to house / cctv and to prevent further injury. 2 valid code G which would be upheld by a custody Sgt.
I’m sure plenty of barristers are jumping up and down at the prospect of defending these sodding blight on society burglar/ criminal/ scum bags. I’m also certain they will unfortunately make the poor 78 year old mans life ( the only victim here) absolute hell. They will no doubt do their level best to blame and criminalise this gentleman as far as possible whilst aiming to get their scumbag buddies “off ” on some bullshit technicality. Tell me this isn’t true ? My god does our legal system need a shake up.
I for one, commend the 78 year olds actions unreservedly and I will be one of the first to sign a petition of support should he need it.
There is no justification for his arrest. Was there any suspicion he might abscond? Or offend again? Or not cooperate? “Legal process”? Ha ha ha! If the guy was arrested, it is clear that he will now be hounded by the authorities until his life is barely worth living. Who will pay his ongoing legal and other fees? Who will pay the expenses of the burglars?
If u knew anything about law and legislation u would know it is perfectly justified. Not popular, but justified and will assist from ambush defences in court
Completely agree with the police action. They cannot accept the explanation given at the scene and must arrest in the first instance. We all knew this would not go any further. Our sensationalist press drew comparisons with the farmer who was convicted of killing a burglar. In that case the burglar was running away and was no longer a threat. In this instance the gent was in a struggle with the burglar who was armed with a screw driver, no doubt found at the scene with his prints/DNA all over it., who had an accomplish and his wife was upstairs . He genuinely was in fear of his own life. This is the conclusion the police rightfully came to and he was released. If anything have a go at the press for giving his name and publishing his face in their rags putting him and his wife at serious risk of retaliation and not the police. People on here have no in depth knowledge of the law or how the police are expected to investigate such incidents but are but seem to think they are experts on these matters.
You don’t speak with any authority. You don’t have to arrest. People can attend police stations voluntarily. The police can also search with consent and don’t need a warrant in every case. When a person is arrested they become a ‘record’ on the police system together with their fingerprints, photo and DNA. That record is not deleted when a decision not to charge is taken.
Your opinion is based on the ill judged manner in which the police exercise their power of arrest. The PACE Act places a criteria on when officers can arrest and on the vast number of occasions this criteria is satisfied. The criteria was put in place when officers were given cart blanch authority to arrest for any offence. Years before this, each classification of offence may or may not have contained the power to arrest. In those days officers had to know the law and make common sense judgements. Unfortunately that skill no longer exists as the requirement to justify arrest statistics and the need to fill the DNA database is an overriding factor.