Clarke: No change to self-defence law
The law on self-defence is sound and does not need to be changed, the Home Secretary Charles Clarke has concluded.
Mr Clarke, who held discussions with senior police officers, prosecutors and the Director of Public Prosecutions, said he appreciated public concern over the law and vowed to make it clearer and explain it to householders.
His comments are supported by police officers, but the Conservatives still want a change in the law to give homeowners greater rights to protect themselves without fear of prosecution.
The Prime Minister Tony Blair announced in early December that the Government would review the law on self-defence following several high-profile murders by intruders, including that of city financier John Monckton in November.
Calls for a change in the law were supported by Sir John Stevens, the outgoing Metropolitan police chief, who said people should be entitled to use any force necessary to defend themselves against burglars.
Today, Charles Clarke said in a written statement to Parliament: “I have concluded that the current law is sound but needs to be better explained to all concerned, especially to householders.”
He added that the Government would shortly be publishing information in tandem with the Crown Prosecution Service and ACPO to make it clear that the current law ensures people can take appropriate steps to protect themselves, their family and their property.
ACPO president Chris Fox 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.”
But Patrick Mercer, Conservative Shadow Homeland Security Minister, today published a Private Members Bill designed to give householders greater protection.
The Conservatives also pointed to a survey from Virgin Money Insurance which suggested that 87 per cent of people think the current law is weighted in favour of criminals.
Mr Mercer said: “Clearly the public feel very strongly about this issue. So do top police officers like Sir John Stevens who support our proposed legislation to enable householders to use the necessary force required to protect themselves against intruders.
“Yet so far the Government have insisted the existing law is adequate. The Conservatives would change the law to give homeowners greater rights to protect themselves without fear of prosecution.”
Liberal Democrat Shadow Home Secretary Mark Oaten described Conservative proposals as “unnecessary and unhelpful”.
He said: “Creating a climate where you can attack a burglar for coming in to your house could turn a dangerous situation into a potentially tragic and fatal one.”
John Monckton, 49, died in hospital after being attacked by intruders in his house in Upper Cheyne Row, Chelsea in November.
Robert Symons was stabbed to death by a burglar at his Chiswick home in October.
