Daily Telegraph Column: You have the right to shoot dead a burglar
Date: Jul 16, 2008 11:28 AM
PUBLICATION: The Daily Telegraph
DATE: 2008.07.16
SECTION: News
PAGE: 001
BYLINE: Richard Edwards, and Christopher Hope
WORD COUNT: 803

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You have the right to shoot dead a burglar

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HOME OWNERS and others acting in self-defence were yesterday given the legal right
for the first time to fight back against burglars and muggers free from fear of
prosecution.

They will be able to use force against criminals who break into their homes or attack
them in the street without worrying that “heat of the moment” misjudgments
could land them in court.

Under the new laws, police and prosecutors will have to assess a person’s actions
based on their situation “as they saw it at the time” even if in hindsight
it might be seen as unreasonable.

For example, home owners would be able to stab or shoot a burglar if confronted
or to tackle them and use force to detain them until police arrived. Muggers could
be legally punched and beaten in the street or have their own weapons used against
them.

However, attacking a fleeing criminal with a weapon is not permitted nor is lying
in wait to ambush them.

The law change follows a public campaign for people to be given the right to defend
themselves and their homes after a number of high-profile cases.

In 2000, Tony Martin, a Norfolk farmer, was sent to prison for manslaughter after
shooting an intruder in his home.

Tony Singh, a shopkeeper, found himself facing a murder charge this year after he
defended himself against an armed robber who tried to steal his takings. During
the struggle the robber received a single fatal stab wound to the heart with his
own knife.

The Crown Prosecution Service (CPS) eventually decided that Mr Singh should not
be charged.

Until now people had to prove in court that they acted in self-defence but the changes
mean police and the CPS will make a ruling before that stage.

Jack Straw, the Justice Secretary, said that people would be protected legally if
they defended themselves “instinctively”; if they feared for their
own safety or that of others and the level of force used was not excessive or disproportionate.

He said the changes in the law were designed to ensure the criminal justice system
was weighted in favour of the victim.

Mr Straw – and other Labour ministers – had repeatedly blocked attempts by opposition
MPs to give greater protection to householders.

In 2004 Tony Blair promised to review legislation after admitting there was “genuine
public concern” about the issue.

But his pledge was dropped weeks later after Charles Clarke, the then home secretary,
concluded that the existing law was “sound”.

Two private member’s Bills on the issue were tabled by the Tories around the
time of the 2005 general election, but both were sunk by the Government.

In 2004, a Tory Bill designed to give the public the right to tackle burglars forcibly
was also rejected.

The new self-defence law, which came into force yesterday, is contained in the Criminal
Justice and Immigration Act 2008 and was announced by Mr Straw last September.

He is understood to have decided that changes were necessary after he was involved
in four “have-a go” incidents, which included chasing and restraining
muggers near his south London home. Opposition leaders said that the changes offered
nothing new and were merely the latest policy designed to appeal to core Tory voters.

In practice, householders are seldom prosecuted if they harm or even kill an intruder
but the Act will give them greater legal protection.

Nick Herbert, the shadow justice secretary, said: “This is a typical Labour
con – it will give no greater protection to householders confronted by burglars
because it’s nothing more than a re-statement of the existing case law.”

Mr Straw said: “The justice system must not only work on the side of people
who do the right thing as good citizens, but also be seen to work on their side.

“The Government strongly supports the right of law-abiding people to defend
themselves, their families and their property with reasonable force.

“This law will help to make sure that that right is upheld and that the criminal
justice system is firmly weighted in favour of the victim. Dealing with crime is
not just the responsibility of the police, courts and prisons; it’s the responsibility
of all of us.

“Communities with the lowest crime and the greatest safety are the ones with
the most active citizens with a greater sense of shared values, inspired by a sense
of belonging and duty to others, who are empowered by the state and are also supported
by it – in other words, making a reality of justice.

“These changes in the law will make clear – victims of crime, and those who
intervene to prevent crime, should be treated with respect by the justice system.

“We do not want to encourage vigilantism, but there can be no justice in a
system which makes the victim the criminal.”

The announcement came as it emerged in a leaked draft of the Policing Green Paper
that home owners may have to wait up to three days after reporting a crime before
they see a police officer.

The Home Office would not comment on the plans.

WHAT YOU CAN DO * If fearful for your life, you can stab or shoot a burglar if they
confront you. * Overpower a burglar or a mugger and use their weapon to attack them
- whether it is a knife, a gun or a baseball bat. * Shoot an armed robber in the
“heat of the moment” using a shotgun stored in your home if threatened.
* Fight, punch and beat a mugger in the street if they threaten you or a bystander.
* Tackle a fleeing burglar and hold them in a headlock until police arrive.

The Second Amendment IS Homeland Security !