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Charles Clarke has ruled out giving householders more freedom to fight back against burglars.

The home secretary said that instead a publicity campaign would be mounted to explain the current legal position..

Government Response: Home Office

Charles Clarke, home secretary, said: "Concerns have been raised about the ability of householders to use reasonable force to defend themselves, their families, their homes and their property.

 

"The prime minister stated on 8 December that the government appreciates that real public concern exists over these issues, and that they would be reviewed.

 

"Accordingly, the government has considered, in consultation with the Association of Chief Police Officers, the Crown Prosecution Service and the Director of Pubic Prosecutions, how best this matter should be addressed.

 

"I have concluded that the current law is sound but needs to be better explained to all concerned, especially to householders.

 

"I very much welcome the new guidance on 'Charging standards for prosecutors' published by the CPS in November, which I believe demonstrates clearly that the law is on the side of the victim and that householders are entitled to use reasonable force to defend themselves, their families and their property.

 

"Moreover I welcome the determination of ACPO to ensure that the new guidance clarifies the detail of this law for every police officer.

 

"I have come to the conclusion that this guidance and clarification will ensure that the current law is properly understood and implemented; and that therefore no change in the law is required.

 

"The government in conjunction with the CPS and ACPO will shortly publish and promulgate information which makes it clear to the public that the current law ensures that appropriate steps to protect themselves, their family and their property will always be justified."

 

Party Response: Conservative

 

David Davis, shadow home secretary, said: "We are disappointed that the home secretary has chosen to fly in the face of so much compelling evidence that the law needs to be changed. Police officers, the public and even professional burglars have said they think a change in the law would shift the balance towards the victims and away from the criminal. 

 

"Just this morning 99 per cent of people said they should have the right to defend their own homes and only a few weeks ago Tony Blair acknowledged that a change is necessary.

 

"Labour have shown yet again that their promises to be tough on crime are all talk. We urge the government to reconsider, and to give time and support to Patrick Mercer's Bill which will give homeowners greater rights to protect themselves without fear of prosecution."

 

Party Response: Liberal Democrats

 

Mark Oaten, Liberal Democrat home affairs spokesman, said: "The law should rightly back members of the public who use proportionate force to protect themselves and loved ones, and the public need to be made better aware of what the existing law is.

 

"But 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.

 

"We currently have a reasonable force test which allows judges and juries to use their common sense, case by case, to decide if people did the right thing. Conservative proposals to replace this are unnecessary and unhelpful.

 

"But the public shouldn't be in the situation that they have to take the law into their own hands in the first place.  Liberal Democrat plans to recruit 10,000 more police would help deter burglars and reassure the public that when they dial 999 they will get a swift response."

 

Stakeholder Response: Association of Chief Police Officers

 

Chris Fox, ACPO president, said: "The criminal justice system should reach fair and just decisions, have the confidence of the law abiding majority and encourage the public to support the police in the fight against crime. 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.

 

"ACPO welcomes the opportunity to work with the Home Office and the Crown Prosecution Service to reassure the public that any citizen who confronts a criminal in defence of their property, themselves or another, and who uses reasonable and appropriate force, does so in the knowledge that they will be fully supported by the police and the criminal justice system.

 

"It is important that everyone inside and outside of the criminal justice system understands this."

Published: Thu, 13 Jan 2005 12:11:09 GMT+00