'Householders have the right to see off burglars'

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Tuesday, October 09, 2012
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Plymouth Herald

HOUSEHOLDERS who are confronted by intruders in their home will have the law on their side, the new Justice Secretary will say today.

Chris Grayling will unveil plans to ensure even people who over-react when faced by burglars will get greater protection and avoid prosecution.

  1. NO NONSENSE: Justice Secretary Chris Grayling  at the Conservative Party Conference

    NO NONSENSE: Justice Secretary Chris Grayling at the Conservative Party Conference

It comes after Britain's most senior judge reinforced the idea that a person's home is their castle, saying furious householders have the right to get rid of burglars in their homes and were not expected to remain calm when confronted by intruders.

In his first Tory Party conference speech as Justice Secretary, Mr Grayling will also reinforce his no-nonsense approach by saying all community sentences should be tougher.

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"Being confronted by an intruder in your home is terrifying, and the public should be in no doubt the law is on their side," Mr Grayling will say. "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."

The Justice Secretary plans to change the law to ensure any frightened householder who is confronted by a burglar and uses force that is reasonable in the circumstances but in the cold light of day seems disproportionate will not be guilty of an offence.

Force which is "grossly disproportionate" will still be against the law, but this is a higher bar than the current law which says force must always be proportionate.

But primary legislation will be needed before the changes can come into force and no specific parliamentary time for this has yet been set.

The Lord Chief Justice, Lord Judge, said last month that burglary was an offence against the person and stressed that householders have the right to use force "to get rid of the burglar".

Others making speeches to conference today include Home Secretary Theresa May, Environment Secretary Owen Paterson, and Health Secretary Jeremy Hunt.

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  • Profile image for josdave

    by josdave

    Wednesday, October 10 2012, 1:35PM

    “Unless he has a weapon what chance has an elderly person got against a young burglar. We should copy US law whereby if you break into someone else's property you forfeit your rights. As it is when a burglar is injured by a householder the defence places great emphasis on the rights of the offender and fails to mention the victim.”

  • Profile image for drt346ys

    by drt346ys

    Wednesday, October 10 2012, 1:30PM

    “JMonners you are preaching to the converted - I agree with you entirely. All I questioned was your comment "I always had that right anyway" not in the eyes of the law you didn't. Now it's a little more in your favour.”

  • Profile image for pogle063

    by pogle063

    Wednesday, October 10 2012, 10:28AM

    “At last some common sense in the British Legal System, at then end of the day being confronted by some one - anyone in what should be the safety of your own home is frightening and threatening. The intruder has no right to be there and obviously if they know people are present in the property has no fear of being confronted by them. Defending your own home from those who choose to enter it un-invited is not vigilanty-ism, it is just re-action to a frigtening and dangerous situation.
    It is about time that the tables were turned in favour of the victims. The very fact that a person enters a home knowing there are people inside it should automatically allow those people to be in self defence mode, as the act of entering the building should be treated as an act of agression which it is, why do people get upset when they come home to find their homes ransacked, it is because they have been violated, not directly but psychologically as a result of the break in.
    Only downside is that now house burglars may also go armed and expecting confrontation so escalating the likly hood of serious injuries or death of either one or the other.
    Definately a quid quo pro - legislation.”

  • Profile image for JMonners

    by JMonners

    Wednesday, October 10 2012, 9:35AM

    “Hi drt346ys

    I understand the law but when an intruder is standing over my bed possibly threatening my family, the last thing I will be thinking of is the burglar's rights or the possibility of my incarceration. My priority will be to defend my family and if the intruder gets severely injured in the process, then tough!!”

  • Profile image for drt346ys

    by drt346ys

    Wednesday, October 10 2012, 9:13AM

    “The only comment I have about JMonners post (and I agree with the sentiment behind it) is that although personally you feel you have the right to do that, in the eyes of the law it is debatable and possibly illegal depending on the force used. And as for not dialling 999, that's what the compensation culture has created. A short spell (if you are really unlucky) inside for the crime and a bonus payment if you win your compensation claim. By moving the bar a little higher it will be harder to prove the homeowner used unreasonable force.”

  • Profile image for JMonners

    by JMonners

    Wednesday, October 10 2012, 8:24AM

    “Anyway if someone breaks into your house, beat the living daylights out of them and throw on to the pavement. They are hardly going to dial 999 and say they were burgling a house and got beaten up are they?”

  • Profile image for jabbathebutt

    by jabbathebutt

    Wednesday, October 10 2012, 8:18AM

    “@m-dalston .... you are completely wrong . Evidience suggests that someone who has their brains bashed in or hanged will not commit another crime .”

  • Profile image for JMonners

    by JMonners

    Wednesday, October 10 2012, 8:02AM

    “I always had that right anyway. Any person who breaks into my houses loses any human rights they think they might have had. Top of my list is protecting my wife an children followed by my property, and if you are brazen enough to break into my house, what else are you prepared to do??”

  • Profile image for drt346ys

    by drt346ys

    Wednesday, October 10 2012, 7:47AM

    “@m_dalston, I do think the courts are misguided and fail to apply effective sentencing. However the subject matter is about the shifting support towards the homeowner away from the criminal. Had I known this was a topic-wide debate I may well have not commented.

    The ambiguity in reasonable force is the issue and that is what they've tried to address. That said, some feel it is only made it worse which may be justified, but for me, all I want is to know that if I find someone in my home unannounced, I can reasonably expect their intentions to be anything other than beneficial to me or my family and I should be able to protect them (and this is the issue) as I see fit. I shouldn't have to concern myself with what is justifiable, whatever stops the threat is justifiable as you have no idea what their intentions are.

    The threshold for what is reasonable has been raised reducing the likelihood of homeowners facing the legal system or the civil courts for damages when dealing with an intruder - issues you won't consider when encountering an intruder.

    Just to clarify, this isn't about having the law on your side to be a vigilante and mete out your own punishment which is how many people seem to be reading it - it's about not being treated as a criminal yourself, when you are the victim. The pressure situation on encountering an intruder can produce the most unexpected of responses from the least likely candidates - why should they have to concern themselves with the legalities of their actions?”

  • Profile image for Bill_Board

    by Bill_Board

    Tuesday, October 09 2012, 9:54PM

    “Fortunately, the BBC forum on this same subject shows the majority are in favour of this clarification. We seem to have an over subscription from the PC brigade posting on here. I believe that once somebody breaks the law by entering your home illegally, they should lose any rights of protection from that same legal system.”

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