CPS statement following incident near Whaley Bridge
The Crown Prosecution Service has decided that a householder will not face criminal charges in relation to the death of one intruder and serious injuries to another on his property.
This decision relates to an incident at a remote premises near Whaley Bridge, Derbyshire, where a householder discharged a legally held firearm when confronted with burglars in his home.
Janine McKinney, Chief Crown Prosecutor for CPS East Midlands, said: “After careful analysis of all the evidence gathered during the police investigation, our prosecutors have decided that there will be no criminal charges in relation to the death of Marcus Smith or the serious injury of another male.
“This decision has been made in accordance with our statutory legal tests as prosecutors and the law surrounding the householder’s rights to defend themself.
“Our thoughts are with Mr Smith’s family and loved ones.”
Three men will face proceedings for burglary in relation to the incident and a burglary at the same property the night before.
Notes to editors
- The law allows individuals to use reasonable force to defend themselves, others and their property if threatened with violence. Read more about the householder policy on the CPS website.
- Proceedings are active in the case against the three individuals charged with burglary. There should be no reporting, speculation or online commentary that prejudices these proceedings.