Yoda
Member
My only question is, "Why is someone wondering whether self defense in the home is 'human rights' compliant?"
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Self-defence law published
New legislation that will allow householders to use lethal force when defending themselves or their properties has been published today.
The Criminal Law (Defence and the Dwelling) Bill 2010 allows a homeowner, tenant or visitor to stand their ground when attacked by an intruder and specifically states there is no requirement for the person to retreat.
The Bill also states that reasonable force can result in the death of the intruder in certain circumstances.
Minister for Justice Dermot Ahern said: "I consider that an attack in the home has unique characteristics given the potentially emotive nature of an encounter between an intruder with criminal intent and the occupier wishing to defend his or her home or property and perhaps other family members".
"This Bill is intended to give recognition to the unique circumstances which prevail when an intruder is being confronted in the place we all have a right to feel is a place of safety, that is our own home".
An occupier using justifiable force against an intruder won’t be liable for damages if the attacker subsequently sues in respect of any injury, loss or damage arising from such force, he added.
He rejected suggestions the new legislation was a licence to kill, saying any force would be decided by the court whether it was justifiable or not.
...
The Irish Council for Civil Liberties has said it will closely study the draft Bill in order to establish whether it is "human rights compliant".
Here's the link:
http://www.irishtimes.com/newspaper/breaking/2010/0719/breaking35.html
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- - - Yoda
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Self-defence law published
New legislation that will allow householders to use lethal force when defending themselves or their properties has been published today.
The Criminal Law (Defence and the Dwelling) Bill 2010 allows a homeowner, tenant or visitor to stand their ground when attacked by an intruder and specifically states there is no requirement for the person to retreat.
The Bill also states that reasonable force can result in the death of the intruder in certain circumstances.
Minister for Justice Dermot Ahern said: "I consider that an attack in the home has unique characteristics given the potentially emotive nature of an encounter between an intruder with criminal intent and the occupier wishing to defend his or her home or property and perhaps other family members".
"This Bill is intended to give recognition to the unique circumstances which prevail when an intruder is being confronted in the place we all have a right to feel is a place of safety, that is our own home".
An occupier using justifiable force against an intruder won’t be liable for damages if the attacker subsequently sues in respect of any injury, loss or damage arising from such force, he added.
He rejected suggestions the new legislation was a licence to kill, saying any force would be decided by the court whether it was justifiable or not.
...
The Irish Council for Civil Liberties has said it will closely study the draft Bill in order to establish whether it is "human rights compliant".
Here's the link:
http://www.irishtimes.com/newspaper/breaking/2010/0719/breaking35.html
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- - - Yoda
