New law to strengthen rights of those faced by burglars

In a clear sign of the Government’s harder line on law and order following the sacking of Ken Clarke as Justice Secretary, his replacement Chris Grayling plans to change the law to ensure even householders who react in a way that may seem disproportionate will not be prosecuted.

The move comes after Britain’s most senior judge reinforced the notion that a person’s home is their castle, saying householders have the right to get rid of burglars in their homes and could not be expected to remain calm when confronted by intruders.

In his first Tory Party conference speech as Justice Secretary, Mr Grayling will also reinforce his tough-justice approach by saying all community sentences should have a punitive element.

“Being confronted by an intruder in your own home is terrifying, and the public should be in no doubt that the law is on their side,” Mr Grayling will say.

“That is why I am strengthening the current law.

“Householders who act instinctively and honestly in self-defence are victims of crime, and should be treated that way.

“We need to dispel doubts in this area once and for all, and I am very pleased to be today delivering on the pledge that we made in Opposition.”

The Justice Secretary plans to change the law to ensure that any frightened householder who is confronted by a burglar and uses force that is reasonable in the circumstances but in the cold light of day seems disproportionate will not be guilty of an offence.

Force which is “grossly disproportionate” will still be against the law, but this is a higher bar than the current law which says force must always be proportionate.

But primary legislation will be needed before the changes can come into force and no specific parliamentary time for this has yet been set.

The Lord Chief Justice, Lord Judge, said last month that burglary was an offence against the person and should always be treated seriously, and stressed that householders have the right to use force “to get rid of the burglar”.

He was speaking after Judge Michael Pert QC said that being shot by homeowners was simply a chance that burglars took.

Lord Judge admitted that “occasionally, it looks as if the householder is the criminal”, but said: “The householder is not in a position to exercise calm, cool, judgment. You’re not calmly detached, you’re probably very cross and you’re probably very frightened, a mixture of both.”

Mr Grayling’s appointment has been portrayed as a return to traditional Tory values on law and order. But he told a fringe meeting yesterday that was not the “whole story”.