Conservative conference: Force against burglars to be allowed

 

Householders who react with force 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.

 

But opponents of such changes argue they will encourage vigilantism.

 

Mr Grayling also said people who commit the most serious crimes more than once would face automatic life sentences.

 

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 on tackling burglars 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.

 

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 wanted to change the law on tackling intruders as soon as possible, he told the Conservative conference, saying it would 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 told the Birmingham conference: "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.

From what I understand, the courts usually let them off, but it's the police who treat them like criminals and put them in cells - this is what that is to stop.

 

 

From what I understand, the courts usually let them off, but it's the police who treat them like criminals and put them in cells - this is what that is to stop.

They often face arrest as a matter of course. There's nothing particularly wrong with that as long as most cases are resolved reasonably quickly. The same applies when a young child dies suddenly. The parents are invariably called in for questioning. As long as the questioning is done sensitively then it has to be accepted as a necessary part of the investigation.

 

I would be more inclined to support this change if the government could come up with a list of cases where people have been prosecuted rather than just arrested. They haven't done so. It is yet another example of the government (and Lavbour were just as bad) allowing the Daily Wail to dictate policy.

The total number of people prosecuted for attacking a burglar in their home over the last 15 years is seven. Not seven per year but seven in total. In other words, not even one every two years. That makes it totally clear that this is a populist gimmick to try and convince people they are solving a problem when no such problem exists.