The decision not to charge a homeowner who stabbed a suspected burglar to death has changed the legal landscape, say lawyers.
Peter Flanagan, 59, was arrested on suspicion of murdering John Bennell, 27, last month.
Mr Bennell died from a knife wound to the chest after four masked men broke into Mr Flanagan’s home in Ethel Avenue, Pendlebury, Salford. Mr Flanagan had been due to answer bail on Monday but the Crown Prosecution Service has decided Mr Flanagan acted in self-defence and did not break the law.
Experts believe the decision has strengthened the rights of homeowners to protect themselves against intruders.
Adam Foster, an expert in criminal law from Robert Lizar’s solicitors in Moss Side, Manchester, said: "The decision represents acceptance that, despite the fatal consequences, Mr Flanagan’s actions were proportionate to the circumstances.
"This suggests a changing attitude among police and prosecuting authorities who in the past have tended to charge people and then let the courts decide." At the time of the incident, Mr Bennell, from Hyde, was on bail in connection with a burglary in Staffordshire.
Police immediately arrested Mr Flanagan and his son, Neil, 27, a former construction boss, and his 21-year-old girlfriend, who were later released without charge. Three men have since been charged with aggravated burglary.
Solicitor Brian Koffman, who specialises in criminal law, said: "It certainly raises the question of whether or not people acting in self-defence in their own homes is being looked at differently by prosecutors."
The police defended the decision to make the initial arrests.
Chief Supt Kevin Mulligan said: "When presented with the circumstances of that evening, we made the right and proper decision to make the arrests. We had a duty of care to John Bennell’s family, the occupants of the house and to the coroner to fully investigate this death to determine whether or not it was a criminal act or one of self-defence.
"I am satisfied that we provided the full facts of the case to the CPS and I respect their decision."
Nazir Afzal, the CPS’s chief crown prosecutor for the north west, said: "All the evidence indicates that in the frightening circumstances that he faced, Mr Flanagan did what he honestly and instinctively believed was necessary to protect himself and his home."
Mr Flanagan received support from Mr Bennell’s father at the time of the incident last month, who said: "I know that things can get out of hand but you’re entitled to protect your property.’
Mr Bennell spoke at his home in Denton, Greater Manchester, revealing that he no longer had any family photos of his son.
Asked what he would have done if an intruder had broken into his home, Mr Bennell said: "I would hope to have the guts to protect my property."
He confirmed that his son had been in prison before and was on bail at the time of his death.
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Result for justice and common sense.
"We [The Police] had a duty of care to John Bennell’s family, the occupants of the house and to the coroner to fully investigate this death to determine whether or not it was a criminal act or one of self-defence."
"Police immediately arrested Mr Flanagan and his son, Neil, 27, a former construction boss, and his 21-year-old girlfriend,"
So, according to the police statement, their first duty of care was to the family of the alleged burglar, over and above that of his targets and of the coroner. In they went and immediately arrested the burglars' victims.
Insensitive or what?
The decision by the CPS will be applauded by every right minded thinking person. Mr Flanagan did no more than any other would have done to protect himself and his property.
However, I really do wonder why he was held in Police custody for quite so long when it MUST have been self evident what had happened and the arrest of his son and girlfriend just beggars belief.
Lets just hope that this sends out a message to the criminal fraternity that YOU may well get attacked whilst carrying out your criminal activities.
There is always the issue of how drug dealers can get away with murdering their rivals in their own homes. This has happened many times, and needs to be addressed. Resonable force is a highly debated term, and has to be looked at on a case to case basis. In this instance, it appears that it was resonable force (In the U.S you just get shot so the criminals here are lucky).
Common sense from the CPS... heavens!
What next, criminal recidivists actually being sent to prison - I know that's probably expecting too much.
I hope the dead man's (alleged) co-conspitrators, upon conviction, receive appropriate sentences. They, along with Bennell, were complicit in his ultimate demise.
Five years, apiece, would seem appropriate.
So glad about this, but the guy who defended his property and family should NOT have been arrested in the first place. He should have been patted on the back by the officers involved.. Far too much of this looking after criminals rights these days. We law abiding people would like to be afforded the same rights please!!!
Any force is reasonable force if someone breaks into your home.
Bennell got what he deserved, what right does anyone have to break in and steal other peoples belongings! I would have tortured the little bag head! Well Done Mr Flanagan, justice has been done and you have nothing to regret! You just saved a whole ream of old folks from suffering the same!
This will certainly open the gates for all law abiding citizens to fight back, when confronted with burgulars. Till your face doesnt fit, or you had a little misdemeanor 25yrs ago,mark my words !!!!
At last..at long, long last a decision that restores a glimmer of hope for the British justice system.
There are so many flaws in this story! The CPS did not set any precedent which they have to follow, and were the identical same circustances to arise again, then they might well decide to prosecute. Nothing here indicates a permanent or even semi permanent change.
This does not suggest a changing attitude from the Police, they arrested poor Mr Flanagan immediately, and would have been perfectly happy to charge him had the CPS not yanked their leash. GMP have a terrible reputation for persecuting victims of crime, nothing here indicates anything has changed. As they say - they have a duty of care towards the criminal, and obviously his interests come before the vicitms.
Perhaps the words of Kenneth Clarke have had some influence here, when he said it was OK to stab a burglar, but I wonder what the outcome would have been if Mr Flanagan had shot Bennel with a shotgun.
Bennell got what he was trying to dish out to others as he and his equally low-life mates were terrorising and robbing an innocent household, whether he 'deserved it' or not. It's true he won't be doing it again, and that's looking on the plus side for many innocent and hard-working households. If I sound callous then it isn't as callous as these types. Other drug-addled burglars and their (many) sympathisers can kiss my a---. You're worthless scum and it's up to you to change.
The only people I feel genuinely sorry for are Mr Flanagan and his family who had to suffer all this. Sadly, it's now become part of their lives, and it's they who deserve help and sympathy if needed.
What is truly absurd is the reaction of people applauding the decision who, without any sense of irony, will call for lengthy prison sentences for anybody carrying a knife.
About time our justice system saw sense!!