The new Law, the Criminal Law (Defence and the Dwelling) Act 2011 comes into effect from today.
In 2005, there was considerable publicity about the case of Pádraig Nally who was found innocent of the murder of John “Frog” Ward, who died when Mr. Nally shot him while he was trespassing on his farm. Mr. Nally claimed that he was in fear of his life.
The new law also extends these protections to the curtilage of the dwelling, and explicitly provides that a person is not under an obligation to retreat from their home when an intruder breaks in.
A person who uses reasonable force cannot be sued for damages by a burglar and will not be guilty of an offence. Under the Act, householders are entitled to use force such as he or she believes is reasonable for their protection. This new law it not a licence for unwarranted violence and the force must be reasonable and justified.
Friday, 13 January 2012 17:29
Protect home at all costs?
New Laws have come into effect which allow homeowners to use reasonable force to defend themselves against intruders.
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