The Home Secretary defied Britain’s two most senior police officers and victims’ groups who had called for tougher laws. In his first big decision since his appointment last month, Mr Clarke asserted his independence from Tony Blair, who last month told MPs he was minded to change or clarify the law.

Mr Clarke said that after discussions with chief constables and prosecutors it had been concluded that the existing law allowing “reasonable force” to be used against intruders was “sound”. The Home Secretary said there would be a publicity campaign to ensure that people understood the law and could protect themselves.

“I believe people have the right to defend themselves and I do believe in that old adage ‘An Englishman’s home is his castle.’ I believe our law provides that,” he said.

There has been confusion in Whitehall, with ministers appearing at odds with each other over how to respond to the campaign to give householders more rights to tackle burglars.Mr Blair told MPs that he was minded to change or clarify the law — days after Lord Falconer of Thoroton, QC, the Lord Chancellor, said he did not want a change in the law.

Senior law officers are understood to have been reluctant to change the law on the basis of highly publicised incidents. An informal check by the Crown Prosecution Service found that only 11 people had been prosecuted for violence against an intruder during a burglary in 15 years. Five had been convicted.

Sir John Stevens, the retiring Metropolitan Police Commissioner, and his successor Sir Ian Blair both wanted the law toughened. Last night Scotland Yard was keeping silent.

The Norfolk farmer Tony Martin’s conviction for killing a burglar sparked the campaign to tilt the law in favour of householders who defend themselves during burglaries. His conviction for murder, subsequently downgraded to manslaughter, was followed by several violent burglaries in which homeowners died.

Mr Clarke told MPs in a written statement: “I have concluded that the law is sound but needs to be better explained.” He welcomed moves by the Crown Prosecution Service and the police to explain the law.

His announcement came on the day a Conservative MP announced a Bill to give householders greater rights to protect themselves from intruders. Patrick Mercer, the party’s homeland security spokesman, proposed that householders should face charges only if they used “grossly disproportionate force”. He said: “We are disappointed that the Home Secretary has chosen to fly in the face of so much compelling evidence that the law needs to be changed.”

Malcolm Starr, a spokesman for Tony Martin, said the Tory proposals were “simply swapping one legal phrase for another”, a “waste of time”. He added: “Mr Clarke should be telling the police to give householders the benefit of the doubt and give the criminals hell.”

Mark Oaten, the Liberal Democrats’ home affairs spokesman, welcomed the Government’s decision, saying the present law allowed self- defence. He did not want people to “feel it’s your responsibility to go down the stairs and actually attack the burglar”.

The Association of Chief Police Officers said that the matter had been discussed by all 43 chief constables who agreed a change in the law was not necessary. Chris Fox, president of the association, said: “A clarification of the law rather than a change will help to reassure the public and improve their confidence in the criminal justice system.”

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