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Mick Dempsey

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Arresting and charging this guy sends the wrong signals to would be theives and emboldens them putting more homeowners at risk. Why is it that the ECHR and the authorities are so biased towards protecting the guilty and penalising the victim.
Our laws are upside down.

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7 hours ago, scotspine1 said:

The fact they've bailed him given the gravity of the charge, indicates that they do not foresee him spending time in jail.

 

"

Exclusions to the right to bail

The general right to bail does not apply in the following circumstances:

Murder

The power of magistrates to consider bail in murder cases, whether at first hearing or after a breach of an existing bail condition, is now removed by s. 115(1) of the Coroners and Justice Act 2009. This does not apply to attempted murder or conspiracy to murder.

Where a person is charged with an offence of murder or attempted murder, and has previously been convicted in the UK or court of an EU Member State of an offence of murder, attempted murder, rape or a serious sexual offence (as listed in s. 25(2) of the Criminal Justice and Public Order Act 1994), he shall only be granted bail where there are exceptional reasons, which justify it.

Section 114 of the Coroners and Justice Act 2009 amends Schedule 1 to the Bail Act 1976. Section 114(2) provides that bail may not be granted to someone charged with murder unless the court is satisfied that there is no significant risk that, if released on bail, that person would commit an offence that would be likely to cause physical or mental injury to another person. In coming to that decision, the court must have regard to the nature and seriousness of the offence, the suspect's character and antecedents and his record in relation to previous grants of bail."

 

From: https://www.cps.gov.uk/legal-guidance/bail

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13 minutes ago, Mark J said:

The fact they've bailed him given the gravity of the charge, indicates that they do not foresee him spending time in jail.

 

"

Exclusions to the right to bail

The general right to bail does not apply in the following circumstances:

Murder

The power of magistrates to consider bail in murder cases, whether at first hearing or after a breach of an existing bail condition, is now removed by s. 115(1) of the Coroners and Justice Act 2009. This does not apply to attempted murder or conspiracy to murder.

Where a person is charged with an offence of murder or attempted murder, and has previously been convicted in the UK or court of an EU Member State of an offence of murder, attempted murder, rape or a serious sexual offence (as listed in s. 25(2) of the Criminal Justice and Public Order Act 1994), he shall only be granted bail where there are exceptional reasons, which justify it.

Section 114 of the Coroners and Justice Act 2009 amends Schedule 1 to the Bail Act 1976. Section 114(2) provides that bail may not be granted to someone charged with murder unless the court is satisfied that there is no significant risk that, if released on bail, that person would commit an offence that would be likely to cause physical or mental injury to another person. In coming to that decision, the court must have regard to the nature and seriousness of the offence, the suspect's character and antecedents and his record in relation to previous grants of bail."

 

From: https://www.cps.gov.uk/legal-guidance/bail

Exactly. There is a process to be followed and it must be seen to be followed.

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Yep. He's been formally interviewed and everything recorded as much for his own future defence as anything. If they don't tape him and get all the details in a formal manner then they wont have evidence to support him if the surviving burglar makes some counter claim which I would guess is very possible. 

 

"Yes your honour we were burgling him but he caught us in the act. We said we were sorry and would wait for the police to arrest us but he just went crazy and just started stabbing my colleague to death in front of me. We posed no threat, blah blah blah"

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If he's admitted doing it, and why wouldn't he? Then there has to be a investigation.  It may be that the charge gets dropped to involuntary manslaughter and he will recieve a non custodial sentence for it.

 

I one hundred percent believe that people should be free to defend their homes and loves ones wiith whatever means necessary.

 

The fact is though, that he's killed someone.  If they started making exceptions, then it would make a mockery of the judicial system and leave the doors wide open for anyone doing time for murder to contest their convictions.

 

 

 

 

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