The Sunday Post (Dundee)

Protecting your home cannot be criminal

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Did you read about the pensioner who was arrested on suspicion of murder after a man was stabbed during an alleged burglary?

Richard Osborn-brooks, 78, has now been told he will not face charges.

In America, you lose your rights once you enter someone’s house to burgle it.

And UK ministers did toughen up “bash a burglar” laws a few years ago, backing the “householde­r defence”, which means a homeowner can use disproport­ionate force in the heat of the moment.

This applies in England and Wales.

The bad news is that in Scotland the law is a bit of a grey area.

Although a High Court ruling two years ago upheld guidance from English courts that you aren’t expected to make “fine judgements” in the heat of the moment, the law has not been changed.

This incenses me. It beggars belief – it is utterly barmy and back to front.

Most burglaries happen during the night when householde­rs are fast asleep.

In the heat of the moment when they’re woken up and under attack, surely no one is trying to be a have-a-go hero?

They’re trying to protect their families and property.

This is not a complicate­d issue and the law in Scotland should be clarified to protect us all.

 ??  ?? Mr Osborn-brooks
Mr Osborn-brooks

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