Omah
29-06-2011, 10:37 AM
http://www.bbc.co.uk/news/uk-politics-13957587
Justice Secretary Ken Clarke has said a householder who knifes a burglar will not have committed a criminal offence under plans to clarify the law on self-defence in England.
He told the BBC people were entitled to use "whatever force necessary" to protect themselves and their homes.
The government is to place people's right to defend their property, long present in common law, in statute.
David Cameron recently said the issue should be put "beyond doubt".
Under the terms of the 2008 Criminal Justice and Immigration Act, homeowners who use "reasonable force" to protect themselves against intruders should not be prosecuted, providing they use no more force than is absolutely necessary.
But Mr Clarke said there was "constant doubt" about the issue and people's rights would be made "much clearer" in legislation on sentencing currently before Parliament and due to be debated by MPs later on Wednesday.
"It's quite obvious that people are entitled to use whatever force is necessary to protect themselves and their homes," he said.
Asked about what this would mean in practice, he said: "If an old lady finds she's got an 18 year old burgling her house and she picks up a kitchen knife and sticks it in him she has not committed a criminal offence and we will make that clear."
He added: "We will make it quite clear you can hit the burglar with the poker if he's in the house and you have a perfect defence when you do so."
Mr Clarke said legal protection would not extend to anyone shooting a burglar in the back when they were fleeing or "getting their friends together to beat them up".
"We all know what we mean when we say a person has an absolute right to defend themselves and their home and reasonable force.
"Nobody should prosecute and nobody should ever convict anybody whose takes those steps."
Blimey, things you can do at home - thief-sticking and burglar-bashing ..... :amazed:
Justice Secretary Ken Clarke has said a householder who knifes a burglar will not have committed a criminal offence under plans to clarify the law on self-defence in England.
He told the BBC people were entitled to use "whatever force necessary" to protect themselves and their homes.
The government is to place people's right to defend their property, long present in common law, in statute.
David Cameron recently said the issue should be put "beyond doubt".
Under the terms of the 2008 Criminal Justice and Immigration Act, homeowners who use "reasonable force" to protect themselves against intruders should not be prosecuted, providing they use no more force than is absolutely necessary.
But Mr Clarke said there was "constant doubt" about the issue and people's rights would be made "much clearer" in legislation on sentencing currently before Parliament and due to be debated by MPs later on Wednesday.
"It's quite obvious that people are entitled to use whatever force is necessary to protect themselves and their homes," he said.
Asked about what this would mean in practice, he said: "If an old lady finds she's got an 18 year old burgling her house and she picks up a kitchen knife and sticks it in him she has not committed a criminal offence and we will make that clear."
He added: "We will make it quite clear you can hit the burglar with the poker if he's in the house and you have a perfect defence when you do so."
Mr Clarke said legal protection would not extend to anyone shooting a burglar in the back when they were fleeing or "getting their friends together to beat them up".
"We all know what we mean when we say a person has an absolute right to defend themselves and their home and reasonable force.
"Nobody should prosecute and nobody should ever convict anybody whose takes those steps."
Blimey, things you can do at home - thief-sticking and burglar-bashing ..... :amazed: