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Frances Gibb (left), Times Legal Editor, explains that the public has failed to understand the law on attacking intruders
Why have these guidelines been published?
There has been mounting public concern over householders being at risk of prosecution ever since the case of Tony Martin, the Norfolk farmer who was prosecuted after shooting dead a burglar as he fled the house.
To clarify the issue, the Government asked the Director of Public Prosecutions and the Association of Chief Police Officers to look at how the existing law was working on the ground - and to assess if it needed changing. They reported back that the law was fine, but that the public did not properly understand it. Hence these guidelines.
What other cases have there been in which more than reasonable force was used?
A burglar was tied up, thrown into a pit and set alight, and, in another incident, a householder hit a burglar with a shovel several times and left him with brain damage.
Are courts are siding with burglars rather than householders?
Whatever the impression to the contrary, there is no evidence that this is happening.
What is the law?
The law is that anyone can use "reasonable force" to protect themselves or others, or to carry out an arrest or prevent a crime. Arguments may rage about what constitutes reasonable force, but the law does not expect people to make fine judgments in the heat of the moment. So long as a person does what he or she "honestly and instinctively believes is necessary in the heat of the moment", that will be lawful and evidence of acting in self-defence.
What if a householder uses a weapon?
The same rules still applies, even if a person reaches for a weapon and uses it - even if that is before they have been attacked.
What if the intruder dies?
Provided the person has acted in reasonable self-defence, even if the intruder dies, the householder will have acted lawfully.
What is the line over which a householder cannot step?
Once a householder takes action that is out of malice or revenge, that is no longer within the law. If, for example, a householder knocks out a burglar and then decides to stab or shoot them, that could be considered as acting with excessive and gratuitious force and the person could be prosecuted.
Will the leaflet make any difference?
The leaflet spells out the existing law. The DPP and Chief Police Officers decided there was no need for a change in the law. But they did conclude that the law was not understood by the public. They hope that the leaflet will allay people's concerns.
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