Burglar protection law launched

Friday, 28 October 2005 12:00 AM

Homeowners and shopkeepers would be able to use greater force to defend themselves against burglars under proposed new legislation launched today.

Tory MP Anne McIntosh's private members' bill would amend current laws so that only people who have used "grossly disproportionate force" against intruders on their property would be liable for prosecution.

It is the second time the Conservatives have attempted to change the law in the victims' favour. Patrick Mercer's bill passed its second reading in the Commons earlier this year by 130 votes to four, but ran out of parliamentary time.

Today's bill, which is backed by shadow home secretary David Davis, would extend Mr Mercer's proposals to cover commercial as well as domestic property.

"It is a clear matter of principle that people have the right to reasonably defend their family and their property," Ms McIntosh said today.

"This should not just apply to domestic but also to commercial property. My bill will clarify the law, restore the balance between the victim, the property owner, and the intruder.

"Innocent people will know that defence of their property will not put them at risk of criminal charges."

Ms McIntosh will now be canvassing support among MPs for her bill ahead of its second reading in the House of Commons on December 2nd.

When the idea was first mooted last year, Tony Blair said he would consider backing a change in the law but would discuss the issue with the Crown Prosecution Service, the attorney general and police chiefs before making a decision.

The government was "on the side of the victim not the offender", he told MPs in the Commons, adding: "I entirely share and understand the concerns and hope we can reach agreement on it".

Giving his support to today's plans, Mr Davis said that it was time the prime minister backed up his comments with action and supported Ms McIntosh's private members' bill.

"Before the election Tony Blair said he supported reinforcing the rights of the burglary victim. Now he must demonstrate he means it by giving this bill every possible support to accelerate it into law. If not he will prove he is on the side of the criminal, not the victim," he said.

However, critics have warned of the dangers of creating an 'anything goes' situation where homeowners and shopkeepers are given free rein to use violence against intruders.

A spokesman for Victim Support told politics.co.uk that the bill "still doesn't give anyone clear parameters" about what force is acceptable.

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