Burglars beware!
Discussion
The Daily Telegraph 9 October 2012 said:
Householders who attack burglars will not face arrest or prosecution unless they use “grossly disproportionate” violence, the new Justice Secretary will announce today.
Chris Grayling is to change the law “at the first opportunity” to give stronger legal safeguards to those who use force to protect their family or property.
Speaking to The Telegraph last night, Mr Grayling said that he wanted to “finally lay the issue to rest once and for all” following a series of high-profile cases where home owners who have confronted criminals have been arrested. In the future, only those using clearly excessive force, such as stabbing a burglar who was already unconscious, should face the prospect of criminal action, he said.
Mr Grayling, who will address the Conservative Party conference today, said that he wanted to bring a “sharper narrative on law and order issues”. His first move would be to change the law to give greater protection to home owners. It currently says only that they are entitled to use “proportionate” force.
Mr Grayling said: “The basic premise of the change is to get the law to a position where if you are in your home, and you are confronted by an intruder… then if, in the heat of the moment you use a level of force that in the cold light of day might seem disproportionate, the law will be on your side."
He added: “You need to look at it that way round because it’s very much about the juxtaposition of the heat of the moment and if you act in a disproportionate way in the heat of the moment, the law will be on your side.
“But if you act in a grossly disproportionate way … I think if the burglar is out cold on the floor and you then stick a knife into him, that, in my judgment would be grossly disproportionate."
The Government has already changed the law in an attempt to ensure that those acting in a “reasonable” way when confronting burglars are not prosecuted. But Mr Grayling said that people still faced uncertainty and the threat of arrest and that new laws were now necessary.
“This should finally lay the issue to rest once and for all," the Justice Secretary said.
Successive governments have pledged to address the issue since the case of Tony Martin, the farmer prosecuted for shooting dead a burglar in 1999.
Confusion about householders’ rights remains.
Last month, Andy Ferrie and his wife Tracey were held in police custody for almost three days after two burglars were shot in their house near Melton Mowbray, Leicestershire. Three years ago, Munir Hussain, a Buckinghamshire businessman, was sentenced to 30 months in jail after he chased a burglar down the road and beat him with a cricket bat and metal pole.
The burglar had tied up Hussain’s family and threatened them with a knife.
Lord Judge, the Lord Chief Justice, said last month that householders had the right to use force “to get rid of the burglar”.
Mr Grayling stressed that he did not wish to move towards an American-style system where people were effectively free to kill anyone entering their property.
“At the moment, that lingering doubt, every time the issue arises, this question seems to come back: is the law on my side or not?" he said.
“My view is that someone who defends themselves against an intruder should be interviewed as a witness not as a potential offender."
In his speech Mr Grayling, who was promoted in last month’s reshuffle, will strike a far more hardline tone than his predecessor, Kenneth Clarke.
It is understood that the Prime Minister wants to reform the justice system radically and hopes that forthcoming proposals will prove as significant as the overhaul of education and welfare.
Mr Grayling will pledge to increase the number of prison places before 2015 and to “deliver sentences that create a sense to the public that justice is being done”.
He will promise to ensure that all community sentences include a “punitive element” such as a fine or curfew. He will say to the conference: “Yes, we should be looking to rehabilitate. But if someone has committed an offence, they also need to receive a proper punishment for it.”
Victims of anti-social behaviour and low-level crime will be able to choose how those responsible are punished, he will say.
Police will offer victims a “menu” of possible punishments, including compensation, repairing damage or doing unpaid work in the community. The new “community remedy” will vary from area to area, with options drawn up by the new police commissioners.
Mr Grayling also disclosed last night that he was working on significant reforms to human rights laws, an issue which is expected to form the centrepiece of the next Conservative election manifesto. He did not rule out the Conservatives backing a plan for Britain to opt out of the European Court of Human Rights if David Cameron is re-elected.
“The Conservative Party and indeed the public overwhelmingly think that the current human rights framework under which we are operating has gone badly wrong,” he said.
“When you have a situation where people who are clearly intent upon killing, maiming in this country or destroying aspects of our society, for them to be able to plead human rights as a reason not to be returned to their country of origin is just to my mind totally unacceptable.
“No change is not an option.”
One of the first big decisions facing Mr Grayling is how to deal with a recent European Court ruling which means that prisoners should be given the vote.
Parliament has voted to defy the ruling and ministers have until the end of November to respond.
Mr Grayling said that “discussions” were still going on. “We’ve got to work this through carefully,” he said.
“David Cameron has said that the idea of giving prisoners the vote makes him physically sick. Parliament has voted to express its sympathy for that perspective.”
We'll see ... but I'm not holding my breath on all points.Chris Grayling is to change the law “at the first opportunity” to give stronger legal safeguards to those who use force to protect their family or property.
Speaking to The Telegraph last night, Mr Grayling said that he wanted to “finally lay the issue to rest once and for all” following a series of high-profile cases where home owners who have confronted criminals have been arrested. In the future, only those using clearly excessive force, such as stabbing a burglar who was already unconscious, should face the prospect of criminal action, he said.
Mr Grayling, who will address the Conservative Party conference today, said that he wanted to bring a “sharper narrative on law and order issues”. His first move would be to change the law to give greater protection to home owners. It currently says only that they are entitled to use “proportionate” force.
Mr Grayling said: “The basic premise of the change is to get the law to a position where if you are in your home, and you are confronted by an intruder… then if, in the heat of the moment you use a level of force that in the cold light of day might seem disproportionate, the law will be on your side."
He added: “You need to look at it that way round because it’s very much about the juxtaposition of the heat of the moment and if you act in a disproportionate way in the heat of the moment, the law will be on your side.
“But if you act in a grossly disproportionate way … I think if the burglar is out cold on the floor and you then stick a knife into him, that, in my judgment would be grossly disproportionate."
The Government has already changed the law in an attempt to ensure that those acting in a “reasonable” way when confronting burglars are not prosecuted. But Mr Grayling said that people still faced uncertainty and the threat of arrest and that new laws were now necessary.
“This should finally lay the issue to rest once and for all," the Justice Secretary said.
Successive governments have pledged to address the issue since the case of Tony Martin, the farmer prosecuted for shooting dead a burglar in 1999.
Confusion about householders’ rights remains.
Last month, Andy Ferrie and his wife Tracey were held in police custody for almost three days after two burglars were shot in their house near Melton Mowbray, Leicestershire. Three years ago, Munir Hussain, a Buckinghamshire businessman, was sentenced to 30 months in jail after he chased a burglar down the road and beat him with a cricket bat and metal pole.
The burglar had tied up Hussain’s family and threatened them with a knife.
Lord Judge, the Lord Chief Justice, said last month that householders had the right to use force “to get rid of the burglar”.
Mr Grayling stressed that he did not wish to move towards an American-style system where people were effectively free to kill anyone entering their property.
“At the moment, that lingering doubt, every time the issue arises, this question seems to come back: is the law on my side or not?" he said.
“My view is that someone who defends themselves against an intruder should be interviewed as a witness not as a potential offender."
In his speech Mr Grayling, who was promoted in last month’s reshuffle, will strike a far more hardline tone than his predecessor, Kenneth Clarke.
It is understood that the Prime Minister wants to reform the justice system radically and hopes that forthcoming proposals will prove as significant as the overhaul of education and welfare.
Mr Grayling will pledge to increase the number of prison places before 2015 and to “deliver sentences that create a sense to the public that justice is being done”.
He will promise to ensure that all community sentences include a “punitive element” such as a fine or curfew. He will say to the conference: “Yes, we should be looking to rehabilitate. But if someone has committed an offence, they also need to receive a proper punishment for it.”
Victims of anti-social behaviour and low-level crime will be able to choose how those responsible are punished, he will say.
Police will offer victims a “menu” of possible punishments, including compensation, repairing damage or doing unpaid work in the community. The new “community remedy” will vary from area to area, with options drawn up by the new police commissioners.
Mr Grayling also disclosed last night that he was working on significant reforms to human rights laws, an issue which is expected to form the centrepiece of the next Conservative election manifesto. He did not rule out the Conservatives backing a plan for Britain to opt out of the European Court of Human Rights if David Cameron is re-elected.
“The Conservative Party and indeed the public overwhelmingly think that the current human rights framework under which we are operating has gone badly wrong,” he said.
“When you have a situation where people who are clearly intent upon killing, maiming in this country or destroying aspects of our society, for them to be able to plead human rights as a reason not to be returned to their country of origin is just to my mind totally unacceptable.
“No change is not an option.”
One of the first big decisions facing Mr Grayling is how to deal with a recent European Court ruling which means that prisoners should be given the vote.
Parliament has voted to defy the ruling and ministers have until the end of November to respond.
Mr Grayling said that “discussions” were still going on. “We’ve got to work this through carefully,” he said.
“David Cameron has said that the idea of giving prisoners the vote makes him physically sick. Parliament has voted to express its sympathy for that perspective.”
Streaky
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