New laws to clarify home defence - in Ireland

#1
I see that the government in Ireland has put forward new laws relating to home defence, and what householders are allowed do to trespassers with criminal intent.

The Government has published the home defence bill, which allows people to use 'reasonable force' against intruders to defend themselves, others or their property.

The Criminal Law (Defence and the Dwelling) Bill 2010 permits a tenant, homeowner or visitor to stand their ground when attacked in a home and specifically states there is no requirement for a person to retreat.
RTÉ News: Govt publishes bill on home defence
and

Proposed laws allowing householders to attack intruders are not a carte blanche to kill burglars, Justice Minister Dermot Ahern insisted today.

Legislation being pushed through the Dail states people can use reasonable or justifiable force against anyone caught breaking into their home.

Mr Ahern said this could, in certain circumstances, include killing the intruder with a registered firearm or other weapon.

But he stressed it would be up to the courts to decide if a homeowner, tenant or visitor was acting reasonably when they attacked the burglar.
... The legislation, the Criminal Law (Defence and Dwelling) Bill 2010, also makes clear that householders can stand their ground and do not have to retreat from their home in the event of a break-in.
... The Bill will also bar intruders from suing a householder for damages.
New laws 'not carte blanche to kill burglars' - National News, Frontpage - Independent.ie

The actual act is available for perusal at http://www.rte.ie/news/2010/0719/homedefence.pdf

The impetus for this was a case very similar to the Tony Martin case, except the householder was found Not Guilty. This act seems to justify his actions in shooting the traveller who was attempting to rob him (again).


I'm curious to know how this compares with the legislation and advice that is current in the UK. What do members of the site think, and do they think it's an incentive for burglars / thieves to get more violent, or less?
 
#2
Enter my house uninvited during daylight and you may still be able to walk out, after dark? All bets are off.
 
#3
All seems fair enough, the laws in this country are pretty much the same and work very well.

As long as you are defending yourself, others or your property you can pretty much fill your boots.

What you cannot do is chase people after you have deterred them, set an ambush (Tony Martin), or set booby traps.

You can react to the situation as you perceive it to be at the time, even if it is later shown that you were wrong.

The idea that you cannot deal out some slap to a burglar for fear of prosecution is an urban myth spread by ignorant outrage whores who are unable to provide any examples of someone being unfairly prosecuted.
 
#4
The idea that you cannot deal out some slap to a burglar for fear of prosecution is an urban myth spread by ignorant outrage whores who are unable to provide any examples of someone being unfairly prosecuted.
Indeed, just remember to say the magic words as soon as Plod asks you what happened… "Officer, I was in fear of my life, I though he had a weapon and I acted instinctively".
 
#5
The impetus for this was a case very similar to the Tony Martin case, except the householder was found Not Guilty. This act seems to justify his actions in shooting the traveller who was attempting to rob him (again).
So if existing courts using existing laws found 'not guilty' why do they need a new law to justify his actions?

Any action necessary would be revised Home Office guidance to the police if the existing guidance is contradictory to the courts interpretation of the law.
 

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