UK: It will be OK to bash a burglar (Victims will now be allowed to defend themselves...to a degree)

The Sun (U.K.) ^ | December 20, 2007 | GRAEME WILSON

[Stoat]

Straw ... proposals

 

 

It will be OK to bash a burglar

 

 

By GRAEME WILSON

Published: Today

 

 

HAVE-a-go heroes who defend themselves against thugs and burglars are to be protected, Justice Secretary Jack Straw pledged yesterday.

People who use reasonable force should not fear prosecution, he said.

He is proposing reforms he says would protect people who ACTED “instinctively”, FEARED for their safety or the safety of others and used FORCE that was not “excessive or disproportionate”.

Mr Straw – who has helped catch muggers or burglars four times himself – said: “Law-abiding citizens should not be put off tackling criminals by fear of excessive investigation.”

But the Tories said the plans don’t go far enough.

Shadow Justice Secretary Nick Herbert said: “There is no greater protection to householders confronted by burglars.”

[Stoat]

Please also see these related articles:

Labour backs down on right to fight burglars - Telegraph

Labour backs down on right to fight burglars

By Philip Johnston, Home Affairs Editor
 

Last Updated: 1:38am GMT 20/12/2007

 

 

Labour has been accused of making "hollow promises" to prevent home owners being dragged through the courts for using force against burglars.

A review of the law was promised by Jack Straw, the Justice Secretary, at the party's conference in September.

His speech prompted headlines that householders defending themselves would have greater protection from prosecution.

But proposals published last night go no further than the existing law, which already allows people to use reasonable force to defend themselves and others.

The Tories said the measure had been "hyped up" at the conference because Gordon Brown was considering an election, which he abandoned.

The Ministry of Justice acknowledged that amendments tabled to the Criminal Justice and Immigration Bill were designed to "clarify and reinforce" existing case law.

It is the second time since Labour took office in 1997 that the law has been reviewed and on both occasions it has been left untouched.

Mr Straw said: "Law-abiding citizens should not be put off tackling criminals by fear of excessive investigation. The law should be seen as supporting them from the start.

"In the case of a householder faced with a burglar, we are reassuring them that if they intervene and necessarily use force which is not excessive or disproportionate, the law really is behind them."

But the courts already accept this as a defence. Critics said Mr Straw had failed to address the issue of stopping the prosecution in the first place.

Nick Herbert, the shadow justice secretary, said: "His proposed amendments are merely a re-statement of the law. They provide no greater protection to householders."

The Tories have tabled amendments to the Bill to give householders enhanced protection when using force against an intruder.

They will push for a vote next month, which could embarrass the Government since it seemed to favour such a move.

"Parliament needs to send a clear signal that the law is on the side of home owners," said Mr Herbert.

The amendments make clear that it is a defence for the householder to show he acted instinctively, feared for his safety or that of others and his response was proportionate.

But after a review in 2004, the Crown Prosecution Service issued a clarification that said: "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."

Prosecutors say that if these tests are fulfilled, there will not be a charge.

The most notorious case was that of Tony Martin, the Norfolk farmer, who was jailed for shooting dead Fred Barras, 16, in August 1999.

Martin, who shot Barras as he ran away, had his murder conviction reduced to manslaughter on appeal.

BBC NEWS UK UK Politics Straw to change self-defence laws

Straw to change self-defence laws

 

People will have more protection if they tackle burglars

The self-defence laws are to be tightened to give people more confidence if they tackle criminals, the government has said.

Justice Secretary Jack Straw announced a review of the law at the Labour Party conference in September.

The Conservatives have argued the public is not getting enough support from the law.

People will still have to show that they acted instinctively and the force was not disproportionate.

The measures are designed to give the public greater confidence when challenging burglars or other criminals.

By strengthening the law, ministers want to ensure that people are not put off intervening by fear of getting prosecuted themselves.

You have all of a millisecond to make the judgement about whether to intervene   Jack Straw Justice Secretary

Jack Straw said: "In the case of a passer-by witnessing a crime in the street for example, or a householder faced with a burglar in his home, we are reassuring them that if they intervene and necessarily use force which is not excessive or disproportionate, the law really is behind them."

The law will clarify existing legislation, although prosecution will be likely if a person is found to have over-reacted.

Public campaign

Campaigners have long argued for a change in the law. They believe people can protect themselves against burglars, but end up in court themselves.

In 2004, the Metropolitan Police Commissioner, Sir John Stevens, said people should be able to use "necessary force" against burglars who enter their homes.

The Conservatives took up the cause with the MP Patrick Mercer introducing his own legislation, which failed in 2005.

His colleague Anne McIntosh also tried and failed in the same year. She has broadly welcomed the latest announcement.

"What the government is proposing falls short of what we requested but I do hope there will be room to negotiate.

"This is a hugely important bill that will address the deep concerns the public have over their protection acting in self-defence against burglars and robberies, as well as bringing criminal law in the line with civil law."

Reform

Until recently the government refused to support the plans. The then Home Secretary, Charles Clarke, and the former Lord Chancellor Lord Falconer argued there was no need for reform.

At the Labour Party conference in September Jack Straw announced a change of policy.

"I intend urgently to review the balance of the law to ensure that those who seek to protect themselves, their loved ones, their homes and other citizens, know that the law really is on their side, that we back those who do their duty."

Mr Straw has himself been a "have-a-go hero" four times.

"I know from personal experience that you have all of a millisecond to make the judgement about whether to intervene."

The changes will be made as amendments to the Criminal Justice and Immigration Bill which is already proceeding through Parliament.

[Stoat]

Ping

[padre35]

So cricket bats are once again cricket to wield one a Yob is taking the flat screen through the apt window?

[Stoat]

Cricket bats yes, Desert Eagles no.

[JDinAustin]

2 words Castle Doctrine…Thank Jehovah I live in the Great State of Texas. My 12 gauge with OO sits ready next to my nightstand should someone choose to enter my home uninvited. They will be staring at St. Peter shortly thereafter. No warnings, no talking, no hesitation. It’s not like the movies where the perp freezes when you shout freeze. Any hesitation and he will close the distance to you. Then you will have a significant emotional event. In a real life the choice to survive must be made in a millisecond.The golden rule in CQB is he who gets the first shot off usually wins.

[driftless2]

All British liberals should be made to pay for all the burglaries and thefts they’ve encouraged over the years by their senseless prosecution of homeowners who defend themselves against thieves. Even my own Brit in-laws have told me of thieves trying to steal stuff from their property while they were at home.