While I would not go as far as Chris Grayling, shadow home secretary, in the Kill a Burglar stakes, I do think that Hertfordshire HomoPlodiens have lost a sense of proportion with this case, reported in the Independent. Police warn TV star over knife
Independent: Myleene Klass was said to be “aghast” and “bemused” today after being warned by police for waving a knife at youths who entered her garden.
The TV star and Marks & Spencer model was in the kitchen with her daughter upstairs when she spotted the teenagers peering into her window just after midnight on Friday. She grabbed a knife and banged the windows before they ran away. Hertfordshire Police officers warned Miss Klass she should not have used a knife to scare off the youths because carrying an “offensive weapon” – even in her own home – was illegal. The Independent reports…however..”A spokeswoman for Herts Police said no reference was made on the Klass incident report about a weapon.”
A Ministry of Justice spokesman said: “The Government strongly supports the right of law abiding people to defend themselves, their families and their property with reasonable force.
“That is why we introduced the self defence provisions of the Criminal Justice and Immigration Act 2008.
I agree with those who say that our current ‘reasonable force’ provisions are sufficient and I would have thought that a woman alone, with a child, picking up a carving knife from the kitchen drawer and waving it at people staring into her property, who cannot possibly have been in fear for their lives (but who may well have been deterred from further activity), should be within the law. This is why I keep a Panzer tank in my drawing room – parked in the corner. I have had no intruders. I also have a very fine Samurai sword in my drawing room from my old Kendo days. I don’t think I would have any hesitation whatsoever in unsheathing it if I discovered an intruder. There is an old maxim, once used by a president of the United States “Speak softly, but carry a big stick”. I would not use the sword, of course (unless the intruder was also armed) – for then I might well cross the line of reasonable force… but waving it about to deter violence from an intruder? Interesting issue – perhaps a Criminal Law specialist reader could cast some light on this plan – so that I continue to act like a law abiding citizen?
Matthew Taylor writing on his blog considers the fairness of the fine meted out to Harriet Harman QC, MP in relation to her recent driving activities. Harriet Harman’s Fine, or Does this look right? The issue
has been discussed, inevitably, in the political blogs (with some vigour) and in the Press but it is good to see a lawyer apply some solid research and reasoning to the issue.
And here is a wonderful story about officialdom and Health & safety gone mad… (Hat Tip to @loveandgarbage)
“Apparently it was quite a day in Lochmaben. The ice had been checked by the local council and was 7-8 inches, and solid. However, someone phoned the police to say there were lots of people on the ice and they didn’t think it was safe. Anne tells the story, “Six police officers arrived but they couldn’t go on ice to warn people because of health and safety so they passed the buck to the Nith rescue who came with a rescue boat but because of heath and safety they couldn’t go on ice either. So the Coast Guard arrived, lights flashing! But guess what? Because of health and safety he couldn’t go on the ice either! A great day was had by all.”
Excellent!
A right-wing think tank today called for drunk NHS patients to be fined and prescriptions for common pain killers to be scrapped. (Independent) There is an increasing tendency to penalise people for their lifestyle choices – on the grounds that those who lead impeccable lives should not be penalised by having to subsidise the health
of those who actually live their lives – albeit, at times, intemperately. There have been calls to ban smokers and binge drinkers. Then, of course, obese people… soon, it could be people who live in areas outstanding national ugliness or who watch X-Factor…who knows? We could have a crack at people who engage in sports – broken legs and arms must tax the NHS?We must not forget those who are unfortunate enough to get old and endure the long process of bits of their bodies packing up?
The Right-Wing Think Tanks are all revving up their engines waiting for the glorious day when their leader, freshly airbrushed, rides into Downing Street with his Four Horsemen of the Apocalypse…to bring order to our land.
I certainly support action to fine people who, through excessive alcohol consumption, are violent and abusive to medical staff in hospitals. This, I am told, is a very serious and increasing problem. Fortunately we have some criminal law provisions for this already.
The thaw may have started and I have lost interest in laughing at BBC autocuties droning on about the snow. There isn’t a lot of law about to report on this morning so you may as well have a laugh. here is a wonderful pastiche about Google’s new phone… (Hat Tip: Gideonstrumpet)
Google Nexus One: The “Fuck You iPhone” Phone
Do watch the movie. it is rather good.
| John Flood RATs – also picks up on this!
A quick trip to the blogs 
John Bolch at Family Lore has a couple of posts of interest: Sunday Review | John Bolch also notes…The recession: it IS all doom and gloom for those in relationship breakdown
Capitalists@Work consider Politicians@Work
Meanwhile, in the City of Westminster . . .
Is David Cameron the luckiest man alive, or what ? Saved by Hoon & Hewitt in an important week when he was looking like a prize eejit. C@W has long registered misgivings about the boy Osborne, and it is surely clear now that his ability to muster (and brief his master upon) a coherent Treasury package is wholly inadequate. Not a comfortable conclusion.
Bearwatch asks: Which books should we burn?
Welsh pensioners are buying books as fuel. Discounting differences in book size, and assuming you could gather all copies of the same title, which books would you burn? On his deathbed, the poet Virgil requested his friends to burn his “Aeneid”. Does an author have the right to do this?
White Rabbit is Off down to London…: Here is a – very temporary – parting shot. I’m working in London tomorrow so think I’ll head down tonight to avoid travel grief tomorow morning given present conditions. Jailhouse Lawyer – the source of so many goodies – comes up with the following gem of a news item: “Man’s penis removed from pipe
The Law Society Gazette podcast : I talk to Jonathan Goldsmith about the role of the CCBE, the Akzo Nobel case on in-house counsel, the new Justice Commissioner and the opportunities for lawyers in Europe.
Jonathan Goldsmith is the Secretary General of the Council of Bars and Law Societies of Europe (CCBE), which represents over 700,000 European lawyers through its member bars and law societies. The CCBE deals with a wide range of EU and global issues, such as anti-money-laundering legislation, an EU-wide Code of Conduct, competition matters affecting the legal profession, and human rights. He is an English solicitor. | Listen to the podcast
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