Tackle Burglars?

[Rich]

Householders will not face prosecution for attacking or even killing a burglar providing they use only "reasonable force'', according to new guidelines.

Police and prosecutors have published a new leaflet advising the public how far they can go to defend their property.

Even using household items as weapons would not lead to prosecution if householders were doing what they "honestly and instinctively'' believed was necessary "in the heat of the moment'', the leaflet says.

The leaflet from the Crown Prosecution Service (CPS) and the Association of Chief Police Officers (ACPO) attempts to clear up confusion over the point at which defending one's family and property becomes a crime.

The document, which will be distributed through Citizens Advice Bureaux and police forces in England and Wales, says: "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.

"This is still the case if you use something to hand as a weapon.''

The leaflet adds that the more extreme the circumstances and the more frightened a householder, the more force he or she could lawfully use.

It also points out that intruders do not necessarily have to be the first to use violence.

"If you have acted in reasonable self defence... and the intruder dies, you will still have acted lawfully.

"Indeed there are several such cases where the householder has not been prosecuted.''

But it warns householders that they may still face the courts for using "excessive and gratuitous force''. If, for example, they knock someone unconscious but continue to attack them - or if they set a trap to hurt or kill intruders rather than involve the police.

If burglars run off with property, householders can still use force to recover it, says the leaflet, adding: "A rugby tackle or a single blow would probably be reasonable. Acting out of malice and revenge with the intent of inflicting punishment through injury or death would not.''

Director of public prosecutions Ken Macdonald QC said: "The law is on the side of householders.

"Prosecutions of householders for tackling intruders are extremely rare - only a very few in the past 15 years.

"Even where householders have badly injured or even killed burglars, the CPS has declined to prosecute unless they have used wholly excessive force.

"However, there has been concern and uncertainty over the force that householders are able to use, so we need to explain how we deal with these sensitive cases and give some guidance on what we mean by reasonable force."

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[Guest PaulR]

Well, clear as mud then. The solicitors must be rubbing thier hands with glee at the forthcoming trials which will take ages, at £100 per hour plus expenses!

[Rich]

Does that mean you can wrap your property up in electric fencing and claim self defence?

But it warns householders that they may still face the courts for using "excessive and gratuitous force'' and for setting a trap to hurt or kill intruders rather than involve the police.

So that means no 20 foot spiked holes in the floors, and rivers of burning oil around the windows.

[Guest]

Put it this way, anyone i find robbing my house will be having a long stay in hospital

39103[/snapback]

grave would be cheaper for tax payers..

[Nova-Security]

Put it this way, anyone i find robbing my house will be having a long stay in hospital

39103[/snapback]

and probaly not come out.

Its your home, you've work hard for it, then some scout comes along and damages it and nicks your possessions with the goverments blessing....BEHAVE.

[ian.cant]

I believe having a shotgun by your bed is kind of illegal, on the basis that you aint likely to get up in the night and pop off a few cartridges and besides it should be kept in a secure gun cabinet.

Having a baseball bat by your bed is ok though as you could have just come back from a game of rounders and you sometime use it as a sex toy .....maybe not, for bashing rats was what i meant to say!

Ive had a few beers and Newcastle didnt win......................

[Guest PaulR]

No smoking if there is a burglar in the house though - smoking is not allowed in the workplace now.

Having a baseball bat by your bed is ok though as you could have just come back from a game of rounders and you sometime use it as a sex toy

How unlike the home life of our own dear Queen.

Remind me not to play rounders with you Ian!