Conservative conference: Force against burglars to be allowed

 

David Cameron: "If a burglar comes into your home, people aren't sure about what they are allowed to do"

Householders who react with force when confronted by burglars are to get more legal protection, Justice Secretary Chris Grayling has said.

"Grossly disproportionate" force will still be against the law in England and Wales, but the bar will be higher than the current "proportionate" force test.

But opponents of such changes argue they will encourage vigilantism.

Mr Grayling also said people who commit the most serious crimes more than once would face automatic life sentences.

BBC political editor Nick Robinson said the Conservatives, under Mr Cameron's leadership, had gone from a party promising to "hug a hoodie" to one willing to allow the public to "bash a burglar".

Mr Grayling's pledge on tackling burglars follows two particularly high-profile cases, which have divided public opinion over whether the law needs to change.

In 1999, Norfolk farmer Tony Martin shot dead an intruder in his home. He was jailed for life for murder but appealed and had the verdict reduced to manslaughter, serving three years in jail.

In 2008, Buckinghamshire businessman Munir Hussain was jailed for 30 months after chasing and attacking with a cricket bat one of three intruders who had tied up his family. The intruder, Walid Saleem, received a lesser sentence than Hussain, who was convicted of grievous bodily harm. This was later reduced on appeal.

'Gratuitous'

But between 1990 and 2005 there were just 11 prosecutions for people tackling intruders in any premises, including seven involving homes.

In England and Wales, anyone can use "reasonable" force to protect themselves or others, or to carry out an arrest or to prevent crime. Householders are protected from prosecution as long as they act "honestly and instinctively" in the heat of the moment.

LAW ON TACKLING BURGLARS

  • In England and Wales, anyone can use "reasonable" force to protect themselves or others
  • Householders can claim they attacked in self-defence if they genuinely believed they were in peril - even if in hindsight they were clearly wrong
  • Juries must distinguish between "reasonable force" and grievous harm

It is still lawful to act in reasonable self-defence, even if the intruder dies as a result. However, prosecution could result from "very excessive and gratuitous force", such as attacking someone who is unconscious.

Mr Grayling wanted to change the law on tackling intruders as soon as possible, he told the Conservative conference, saying it would be included in a crime bill passing through Parliament this autumn.

It will mean someone who is confronted by a burglar and has reason to fear for their safety, or the safety of their family, and in the heat of the moment uses force that is reasonable in the circumstances but in the cold light of day seems disproportionate, they will not be guilty of an offence.

Mr Grayling told the Birmingham conference: "Being confronted by an intruder in your own home is terrifying, and the public should be in no doubt that the law is on their side. That is why I am strengthening the current law.

"Householders who act instinctively and honestly in self-defence are victims of crime and should be treated that way.

"We need to dispel doubts in this area once and for all, and I am very pleased to be today delivering on the pledge that we made in opposition."

Asked ahead of speech to give an example of what would not be allowed, he told the BBC that stabbing to death a burglar who had already been knocked unconscious would still break the law.

Burglary in England and Wales statistics since 2001. Informal research by the CPS suggests that between 1990 and 2005 there were only 11 prosecutions of people who had attacked intruders in houses, commercial premises or private land.

The Metropolitan Police Commissioner Bernard Hogan-Howe told the BBC he agreed that homeowners need better protection than they currently get.

"If we have the law as it is then people complain that it doesn't help the homeowner. And if we higher [sic] the bar, then people complain that it might mean that people go overboard.

"I think, probably, there's an argument at the moment for making sure that that bar gets higher, and that the homeowner has better protection, and the burglar is put more on notice that they're at risk if they choose to burgle someone's home while they're in it," he added.

'Rehabilitation'

Speaking to BBC Breakfast, Mr Cameron of the current legal situation over confronting burglars: "This is something that bothers people, and quite frankly it bothers me.

"There has been uncertainty that if a burglar comes into your home, people aren't sure about what they are and are not allowed to do."

Justice Secretary Chris Grayling: "If you lash out the law should be on your side"

He added that the new laws would give homeowners and householders "a certainty that if they ever got into that situation, they could defend their homes, their property, their family, and I think that's a very important sense that people need to have".

Mr Grayling is seen as a more traditional right-winger than his predecessor Ken Clarke, who was moved to another Cabinet job in last month's reshuffle.

But he will use his speech to stress that there is more to him than the "tough" image portrayed by the tabloids.

And he will stress his commitment to a "rehabilitation revolution" to cut re-offending rates, driven by a "payment-by-results" programme involving charities and private firms.

Adam Pemberton, assistant chief executive of Victim Support, said it was important that people "keep themselves safe" if they detect an intruder. Such events were "really quite rare", he added.

The announcement on householders' self-defence comes after a judge, Michael Pert QC, said that being shot by homeowners was simply a chance that burglars took.

Lord Chief Justice, Lord Judge, said last month that burglary should always be treated seriously and stressed that householders have the right to use force "to get rid of the burglar".

He admitted "occasionally it looks as if the householder is the criminal", but added: "Well, the householder is not in a position to exercise calm, cool, judgement. You're not calmly detached, you're probably very cross and you're probably very frightened, a mixture of both."

Lord Judge added that measuring whether force was reasonable or not was not simply "a paper exercise six months later".

 

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  • rate this
    +5

    Comment number 857.

    At present it all comes down to interpreting current rules, so clarification is a sensible step in ensuring everyone understands what is allowed and what isn't. It also serves to take the heat out of an emotive subject and situation and in fact, discourages vigilatism as everyone is clear on what to expect.

  • rate this
    +18

    Comment number 725.

    These ideas can lead to an escalation of violence on both sides.

    If you let householders use more violence to protect themselves and their property, then the nasty people will start using more violence to rob them.

    A balance has to be struck which is best left to the courts and police, and not a bunch of politicians trying to score cheap sound bites.

  • rate this
    +20

    Comment number 634.

    Questions for clarification as every case will be different.

    When is a burglar actually a burglar - can it be before he gains access to the property by coming through a gate for example?

    Who decides what "over reaction" means in each case?

    What in law is "disproportionate" because surely that can only be assumed by the state of mind of the householder at the actual time of the burglary.

  • rate this
    +61

    Comment number 628.

    In response to people saying the law is fine as it is... It clearly isn't.

    Reasonable force means that the homeowner gets arrested whilst an investigation happens.
    It means there is a chance the Burglar can sue the homeowner for damages.
    It means not only is the homeowner and his family traumatized by the event but they are financially out of pocket and possibly become criminals.

  • rate this
    +108

    Comment number 613.

    People are trying to apply rational, logical analysis to a highly charged set of circumstances. It's dark, your kids are terrified, the dog's barking and there is an intruder in your home....reason goes out the window and this law change will sensibly recognise that it's the intruder who must take the risk of unplanned outcomes.

 

Comments 5 of 14

 

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