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Decision to Charge

Once the Police have completed their investigations, they will refer the case to the Crown Prosecution Service for advice on how to proceed. We will then make a decision on whether a suspect should be charged, and what that charge should be.

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CPS decides not to charge Salford man over intruder's death

22/07/2011

A man who fatally stabbed an intruder who broke into his home in Salford will not face charges, the Crown Prosecution Service announced today.

Nazir Afzal, Chief Crown Prosecutor, North West Area, said: "I have today told the police of my decision that Peter Flanagan should not face any charges in connection with the death of John Bennell, an intruder who broke into his home in Salford on 22 June.

"John Bennell was stabbed in the chest by Mr Flanagan, and died from his injuries shortly afterwards.

"I am satisfied that Peter Flanagan acted in self-defence after being woken by noises downstairs in his house shortly before midnight. On investigating the disturbance he was confronted by intruders, one of whom was armed with a machete.

"In reaching this decision I have looked carefully at the evidence that the police have presented in this case and have taken into consideration the Crown Prosecution Service policy on householders and the use of force against intruders. In a case such as this I have to ask myself whether the use of force was necessary and whether it was reasonable in the circumstances.

"People are entitled to use reasonable force in self-defence to defend themselves, their family and their property."

Mr Bennell's family have been informed of this decision.

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