Practice and Procedure

R v PAUL BURNS (2010)

PUBLISHED April 27, 2010

[2010] EWCA Crim 1023

Bearing in mind that to be lawful the use of force had always to be reasonable in the circumstances, it might be open to the owner of a vehicle, in the last resort and when all reasonably practicable alternatives had failed, forcibly to remove an individual who had entered his vehicle without permission and who refused to leave it. In the circumstances of the instant case, however, the driver's resort to self help was not justified and his use of force was unlawful.

CA (Crim Div) (Lord Judge LCJ, David Clarke J, Lloyd Jones J)