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 Home self-defence rights put to parliament

 

Wednesday, January 12, 2005


A Conservative MP is unveiling plans in parliament today to give householders greater rights to protect themselves from intruders.

Patrick Mercer, the Conservative Party's homeland security spokesman, is tabling a private member's bill to strengthen the right of self-defence when tackling a burglar.

The bill will be officially published today and should receive its second reading and first debate on the floor of the Commons on February 4th.

Householders are entitled to use 'reasonable force' as self-defence, but critics including the Metropolitan Police Commissioner Sir John Stevens, argue that this still leads to too many people facing possible prosecution for simply defending themselves.

Under the new proposals, the householder could only face charges if he/she used 'grossly disproportionate force' against an intruder.

"Currently the fear of imprisonment or physical harm lies with the householder. The intention of this bill is to reverse that so that those fears should lie with the burglar," Mr Mercer said.

Mr Mercer challenged the government to speed its passage. "The Conservatives would change the law to give homeowners greater rights to protect themselves without fear of prosecution. If the government does not back our plans it will prove that they are simply all talk," he said.

The bill, which amends section 3 of the Criminal Law Act 1967, has the backing of dozens of MPs on all sides of the House, including former Labour ministers such as Frank Field. Tony Blair has also said that he would consider the case for legal change.

Late news:

The new Home Secretary Charles Clarke chose today to announce the government will not be considering changing the law in respect of householder self-defence.

After consultation with police and the Director of Public Prosecutions (DPP), Mr Clarke said there would be a campaign to educate the public about how far they can go to defend their property under current law.

He said in a written ministerial statement: "I have concluded that the current law is sound but needs to be better explained to all concerned, especially for householders."

 
 
     
     
 

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