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Barbed Wire
2 October 2012, 06:20, (This post was last modified: 2 October 2012, 06:30 by BrixhamBadger.)
#11
RE: Barbed Wire
I wonder whatever happened to the "six foot law" when barb-wire could not be erected under six foot from the ground? ...Must of dreamed it.
Don`t you just love Google? Wink




You and The Law

Self Defence

The most important point to remember in the use of self-defence is to ask if what you are doing is reasonable.
The Criminal Law Act 1967, says that you may use reasonable force depending on the circumstances, to prevent crime or arrest an offender.

If you are attacked you may defend yourself, but you may only do what is reasonably necessary. You are entitled to defend your family, servant, master, and even a stranger and his property, but where a person is merely trespassing without using force, the trespasser must be requested to leave before hands are laid on him and no more force than is necessary may be used to remove him.

In the case of self-defence it is also good advice for you to show that you did not want to fight. In most circumstances you must show that you are prepared to withdraw from the situation.

The Use of Barbed Wire

Barbed wire may be used to defend your property, but the law puts certain restrictions on its use.
Section 164 Highways Act 1980, says that where, on land adjoining a highway, there is a fence made with barbed wire in or on it and the wire is a nuisance to the highway, a notice may be issued by the Local Authority for the nuisance to be removed.

Being a nuisance means that it is likely to cause injury to people or animals using the highway.

In practice, most Local Authority Highways Departments usually consider that barbed wire lower than eight feet from the ground could be a nuisance to highway users.

The term "Barbed Wire" means anything with spikes or jagged projections, so would also include the wooden carpet gripper strips which have nails sticking up through the wood.

If the barbed wire is not adjoining the highway and an injury results, you could still be faced with a claim for damages under the Occupier Liability Acts. Occupiers of premises have a duty of care, to people entering or using their premises. This duty even extends to trespassers, although it is not as extensive as it is to people lawfully using or visiting the premises. So a burglar, who could not be aware that barbed wire was on top of a fence and injured himself on it, could have a claim against you despite the fact that he was a trespasser.

If you wish to have some sort of barbed wire protecting your property, it may be a good idea to check with your home insurance company that they would cover you in the event of a person claiming for an injury caused. It is for these reasons that most residents prefer to use Mother Nature's own barbed wire, a prickly bush, climbing rose or similar. A separate Fact Sheet gives advice on suitable prickly plants.


Seems you have the right to claim damages caused by that barbed wire yes? Wink
Dodgy If you always have, on your person, at least 2 ways to make fire, you might be a prepper. Tongue
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2 October 2012, 07:54,
#12
RE: Barbed Wire
Yet again we have laws that are there to protect the bad guys and penalise you for protecting your property. I can understand the highway one and a duty of care to visitors but in my view burglars, etc. should lose all lawful protection the instant they step on your property.
Skean Dhude
-------------------------------
It is not the strongest of the species that survives, nor the most intelligent that survives. It is the one that is the most adaptable to change. - Charles Darwin
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2 October 2012, 08:10,
#13
RE: Barbed Wire
I must admit to being very lucky in the fact that I live in a small fishing community where everyone knows everyone else. The only real crime we suffer here is the weekend piss-heads who occasionally turn up from Paignton (3 miles away) & Torquay (6 miles away) coming to drink our cider & eat our pastys.

Nothing to do with barbed wire I know, Wink but just thought it was worth a mention. Smile

Dodgy If you always have, on your person, at least 2 ways to make fire, you might be a prepper. Tongue
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2 October 2012, 08:49,
#14
RE: Barbed Wire
too many incomers in Torbay and just too many people!
Some people that prefer to be alone arent anti-social they just have no time for drama, stupidity and false people.
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2 October 2012, 08:52,
#15
RE: Barbed Wire
(2 October 2012, 06:20)BrixhamBadger Wrote: Seems you have the right to claim damages caused by that barbed wire yes? Wink
It would certainly appear so. But had I been more careful or jumped over it then I wouldn't have gotten snagged, so it's entirely my fault.
I can see why the rolls of coiled barbed wire are so effective
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2 October 2012, 11:26,
#16
RE: Barbed Wire
jjust thought i'd chime in on the whole self defence/home defence issue, basically in the last week or so a new precedent has been set in court, the situation is as follows,

2 guys break into a house, the homeowners are registered firearms holders and the husband shot one of the burglars with his shotgun to protect his home, the police arrive, arrest and treat the burglars and also the homeowners, the burglars were tried and sentenced, and when the homeowner was on trial, the judge said that the burglars "should've done a risk assessment" and found out that there were guns in the house, and therefore it is the burglars own fault they got shot! so the homeowners got away with it and a new legal precedent has been created, hopefully opening up the way for a more tolerant view on home defence Smile

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2 October 2012, 11:41,
#17
RE: Barbed Wire
(2 October 2012, 08:49)bigpaul Wrote: too many incomers in Torbay and just too many people!

Not so bad now the seasonal muppets, emmits & grockles have all pissed off. Wink Big Grin


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Dodgy If you always have, on your person, at least 2 ways to make fire, you might be a prepper. Tongue
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