Guidance published on 'safe' intruder defence

The Association of Chief Police Officers (ACPO) and the Crown Prosecution Service (CPS) have published new guidance to help householders better understand the law in regard to the use of force against intruders.

The guidance reassures the public that they do not have to make "fine judgements" over the level of force used if they find an intruder in their home – it states that as long as the householder uses force that they "honestly and instinctively" feel is necessary at the time, they will be regarded as having acted lawfully. This also applies even if a weapon is used.

The guidance also states that householders do not have to wait to be attacked first before using defensive force.

Householders are also protected by the law, even if the intruder dies, the guidance states. However, it warns that if an intruder is knocked unconscious and is further assaulted or killed or if a trap is intentionally set to harm or kill them, then it would be regarded as "excessive and gratuitous" force and householders could face prosecution.

The guidance has been published in the wake of consultations between the ACPO, the CPS and Home Secretary, Charles Clarke, following which he concluded that the law governing the use of 'reasonable force' against intruders was 'sound', but needed to be better explained to householders.

The Home Secretary welcomed the publication of the new guidance and said: "It sets out in plain language what householders' rights are and the level of force they can use when confronted by an intruder"

Director of Public Prosecutions Ken McDonald emphasised that the law was on the side of householders and said :"We aim to reassure them that if they act honestly and instinctively, in the heat of the moment, this will be the strongest evidence that they have acted lawfully and in self-defence."

Mr McDonald also said that prosecutions of householders for confronting intruders was "extremely rare". He said that only a "very few" had been prosecuted in the last 15 years and added: "Even where householders have badly injured or even killed burglars, the CPS has declined to prosecute unless they have used wholly excessive force."

Chris Fox, President of the ACPO, said: "We want everyone to clearly understand that they can use force to protect themselves or others. The force used should be reasonable force. We want everyone to understand that while we have to investigate the circumstances of such events, we will always remember that anyone engaged in a criminal act should expect reasonable force to be used against them by their victim."

(KMcA/SP)