Householders' self-defence law to remain unchanged

Home Secretary, Charles Clarke, has announced that the law governing the amount of force householders can use to defend themselves is not going to change.

The Home Secretary said that, following discussions with senior police officers, prosecutors and the Director of Public Prosecutions, he had concluded that the current law was "sound", but admitted that it needed to be explained to householders.

In a written statement, Mr Clarke said that he welcomed the guidance provided in 'Changing Standards for Prosecutors', which was published by the Crown Prosecution Service (CPS) in November. He said that he believed it "demonstrates clearly" that the law is on the victim's side and that householders are entitled to use "reasonable force" to defend themselves and their property.

The Home Secretary's conclusions were welcomed by the Association of Chief Police Officers (ACPO). Chris Fox, ACPO President, said: "ACPO recognises that real public concern exists over this issue and believes that a clarification of the law, rather than a change will help to reassure the public and improve their confidence in the criminal justice system."

The government, in conjunction with the CPS and ACPO, will shortly publish and distribute information, which, Mr Clarke said, would "make clear to the public that the current law ensures that appropriate steps to protect themselves, their family and their property will always be justified".

However, the Conservatives have resolved to strengthen the law in favour of householders. Shadow Homeland Security Minister, Patrick Mercer, is set to proceed with the publication of a Private Members Bill, which would reinforce the right of residents to use force against intruders. Responding to Mr Clarke's comments, Mr Mercer said: "This decision by the Home Secretary shows that the Labour government is simply all talk. But that does not alter the fact that 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. The public feel strongly about this issue."

Shadow Home Secretary, David Davis, said that the Conservatives were "disappointed" with Mr Clarke's statement and urged the government to "give time and support" to Mr Mercer's Bill.

The CPS 'Changing Standards for Prosecutors' guidance document may be viewed at www.cps.gov.uk.

(KMcA/SP)