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09/10/2012
Legal Protection For Householders Who 'Over-React'
More legal protection will be given to householders who “over-react” when confronted by burglars, Justice Secretary Chris Grayling has said.
While the bar will be higher than the current "proportionate" force test, "grossly disproportionate" force will still be against the law in England and Wales.
Prime Minister David Cameron said more protection for people who confront burglars would provide "certainty".
However opponents of the changes have argued that they will encourage vigilantism.
In England and Wales, anyone can use "reasonable" force to protect themselves or others, or to carry out an arrest or to prevent crime. Householders are protected from prosecution as long as they act "honestly and instinctively" in the heat of the moment.
It is still lawful to act in reasonable self-defence, even if the intruder dies as a result. However, prosecution could result from "very excessive and gratuitous force", such as attacking someone who is unconscious.
It is understood that Mr Grayling wants to change the law on tackling intruders as soon as possible and that it could be included in a crime bill passing through Parliament this autumn.
(H)
While the bar will be higher than the current "proportionate" force test, "grossly disproportionate" force will still be against the law in England and Wales.
Prime Minister David Cameron said more protection for people who confront burglars would provide "certainty".
However opponents of the changes have argued that they will encourage vigilantism.
In England and Wales, anyone can use "reasonable" force to protect themselves or others, or to carry out an arrest or to prevent crime. Householders are protected from prosecution as long as they act "honestly and instinctively" in the heat of the moment.
It is still lawful to act in reasonable self-defence, even if the intruder dies as a result. However, prosecution could result from "very excessive and gratuitous force", such as attacking someone who is unconscious.
It is understood that Mr Grayling wants to change the law on tackling intruders as soon as possible and that it could be included in a crime bill passing through Parliament this autumn.
(H)
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