Householders Can Kill Burglars and Escape Prosecution - Law Chief
By David Barrett, PA Home Affairs Correspondent
Householders can kill burglars and not face prosecution as long as
they use only "reasonable force", the Director of Public Prosecutions
said today.
Even using a weapon such as a knife or gun would not lead to the
householder being charged with any offence, as long as their actions
were what they "honestly and instinctively" believed was necessary
"in the heat of the moment".
The advice from Ken Macdonald QC was published in a leaflet issued by
the Association of Chief Police Officers and the Crown Prosecution
Service.
"The key thing to bear in mind is that, as long as someone hasn't
stepped over that line into retribution or revenge, it is quite
difficult to perceive of a level of violence that would not be
regarded as reasonable by a prosecutor," said Mr Macdonald.
"This is something the intruder brings on him or herself.
"I don't think we need to be too squeamish about the situation."
There have been examples of householders not being prosecuted after
intruders had been fatally stabbed or shot, or hit over the head with
bats or metal bars, he added.
Mr Macdonald said it was "very rare" for the Crown Prosecution
Service (CPS) to bring prosecutions against householders, adding that
there have been 11 in 15 years, including one case in which a burglar
was tied up, thrown into a pit and set alight.
Today's guidance comes nearly three weeks after Home Secretary
Charles Clarke announced that the definition of how much violence
could be used against intruders would not be changed.
But he urged police and prosecutors to do more to explain the current
law to the public.
The Tories propose ditching the concept of "reasonable force" so that
burglary victims would only be prosecuted for using "grossly
disproportionate" force.
The new leaflet from the CPS and the Association of Chief Police
Officers (Acpo) will be distributed through Citizens' Advice Bureaux,
police forces and libraries in England and Wales.
It said: "You are not expected to make fine judgments over the level
of force you use in the heat of the moment.
"So long as you only do what you honestly and instinctively believe
is necessary in the heat of the moment, that would be the strongest
evidence of you acting lawfully and in self-defence. "
The leaflet added that the more extreme the circumstances and the
more frightened a householder, the more force he or she could
lawfully use.
It warned that they could still face the courts for using "excessive
and gratuitous force" if, for example, they knocked someone
unconscious but continued to attack them, or set a trap to hurt or
kill intruders rather than involving the police.
If burglars run off with their property, householders could still use
force to recover it, said the leaflet, adding: "A rugby tackle or a
single blow would probably be reasonable."
Acpo president Chris Fox said police still had a duty to investigate
such cases.
"It's important that there has to be a line somewhere where we move
from what is reasonable and instinctive to something that is
malicious or vindictive," he said.
"There has to be a line, otherwise we develop into anarchy. However,
that line is quite a long way towards the householder."
Home Secretary Charles Clarke said: "The DPP has made it clear that
householders will only be prosecuted if they use very excessive force
in defending their home against intruders.
"The key issue now is ensuring that householders understand the law.
"I very much welcome the leaflet that the CPS and Acpo have published today.
"It sets out in plain language what householders' rights are and the
level of force they can use when confronted by an intruder."
But Conservative MP Patrick Mercer - whose Householder Protection
Bill has its second reading in the Commons on Friday - said of
today's leaflet: "This will do nothing to redress the law in favour
of the victim and away from the criminal.
"The Government needs to address this issue much more seriously and
not just try to bolt the stable door after the horse has fled.
"Under pressure from the Conservatives, the Government amended the civil law.
"They must now do so with this law so that it is on the side of
householders and shop owners, not the burglar."
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