14/07/2009
Is Your Home Still Your Castle ?
A survey conducted in 2007 suggested that almost a third of householders in the United Kingdom keep items such as baseball bats and other heavy objects to hand in case an intruder breaks into their home. But what can action can you legally take against an intruder? This question came to the fore following the conviction of Tony Martin in 2000 for shooting dead a burglar at his home.
In theory the law is reasonably clear. If you feel that you or your family and property are in imminent danger, you are allowed to use reasonable force to defend yourself The Crown Prosecution Service guidance on Self Defence stipulates that people who act reasonably and in good faith to defend themselves, their family and property or in the prevention of crime/apprehension of offenders should not be prosecuted for their actions.
“Reasonable force’ is the key component. Juries are directed to consider the particular facts and circumstances of the case to decide if the force used was reasonable in the circumstances as the defendant believed them to be. A defence of self-defence will fail if it is found that the force used in the circumstances was excessive.
The situation changes if, for example, as in the Martin case, when confronted the intruder flees and is then shot. This may well mean that you are no longer acting in self-defence as the threshold as to what can be deemed ‘reasonable’ will have lowered.
There have been calls for the law relating to self-defence to be reviewed in an attempt to clarify it. One MP sought to replace "reasonable force" with a test allowing home owners to use "all but grossly disproportionate" violence. However this was blocked and the law has not been changed and the controversy continues to rage.
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