Howard: Law must protect the victim, not the burglar

Wednesday, 8 December 2004 12:00 AM

Conservative leader Michael Howard has called for the law to be changed to protect householders who harm burglars who have broken into their home.

Frontbencher Patrick Mercer will table a private member's bill entitled the Householders Protection Bill which aims to change the law so that householders would only be prosecuted if they use "grossly disproportionate force."

The current law sets the threshold at "reasonable force" as the test for prosecutions.

Mr Mercer came top in the recent private member's bill ballot, meaning that he will have parliamentary time to put forward the bill, but it is unlikely to succeed without Government support.

Speaking at a press conference on Tuesday, Mr Howard said: "The fear of imprisonment or physical harm should lie with the intruder not the homeowner. The law must be on the side of the victim, not the burglar.

"If a burglar breaks in, attacks you and you defend yourself, you can find yourself in the dock. Most people think that's absurd - typical of the 'topsy turvy', politically correct world in which we live. Gone are the days when your home was your castle."

He added that Tony Blair now had the opportunity to "demonstrate today that he's not just all talk on crime. By supporting our bill, he can help send a clear message to homeowners - the law is on your side."

The Conservatives are also claiming the support of the Commissioner of the Metropolitan Police, Sir John Stevens, who earlier this week suggested that householders should be allowed to use "necessary force" against a burglar.

Liberal Democrat home affairs spokesman, Mark Oaten, said that he agreed that the law should "back members of the public who use proportionate force in self-defence."

But, he warned that any changes to the law "must not create a climate where anything goes, as there is a danger that a nasty situation could turn into a fatal and tragic one."

Speaking yesterday, the Prime Minister's Official Spokesman stressed that the law as it stands does allow householders to protect themselves - but he accepted that if there was confusion then it should be clarified. He also confirmed that the Home Office was looking at the issue.

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