Jonathan Wellington, a Partner at Watkins and Gunn Solicitors, considers the latest developments in the law relating of self- defence at  your home 

The phrase that your home is your castle has come to the fore recently after a Mr Vincent Cook was cleared of any wrongdoing following the stabbing of a burglar at his home and the Government's announcement that the law needs clarification through new legislation.

The law states that you may use "reasonable force" to protect yourself or another, your property or to prevent crime or to assist in the arrest of an offender. Reasonable force is defined as "such force as is reasonable in the circumstances".

The issue has become something of a political football. Justice Secretary, Kenneth Clarke, has stated that householders are entitled to use "whatever force necessary to protect themselves and their homes". The proposed legislation, he states, would make this "much clearer", for example, he has said that " you can hit the burglar with the poker if he's in the house and you have a perfect defence" but this would not extend to shooting a burglar in the back while they are running away or getting friends together to beat them up.

The issue is a difficult one as, even following any new legislation, every case will still need to be judged based on its own individual circumstances. There is certainly a move towards greater rights for householders to defend themselves, their loved ones and their property. However, as a note of caution, if you overstep the mark and use excessive force you will remain liable to criminal prosecution and a potential civil action.