Householders who over-react 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.
Prime Minister David Cameron said more protection for people who confront burglars would provide "certainty".
But opponents of such changes argue they will encourage vigilantism.
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 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 wants to change the law on tackling intruders as soon as possible, aides say, and it could 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 will tell Tory delegates in Birmingham: "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.
'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."
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".
No comments:
Post a Comment