Clarke goes on home defence offensive

Charles Clarke will publish details of cases brought against householders who have attacked intruders in a bid to convince the public the current law works.

On Thursday the home secretary briefed Cabinet colleagues on his earlier assessment of the legislation on the right of people to defend their homes.

Clarke said he had consulted the Association of Chief Police Officers and the Crown Prosecution Service who had agreed that the problem lay with the public's perception of the law, influenced by the Tony Martin case.

The prime minister's official spokesman said in the last 15 years there had only been 11 prosecutions of householders and more than half of them had failed.

"The problem is not the law but the public's misunderstanding fuelled by high profile cases. In fact prosecutions are very rare and only happen in exceptional cases.

"ACPO and the CPS and other relevant bodies have been consulted and agree," he added.

The government hopes that by publicising the cases it can reassure the public they do have the right to use "reasonable force" to defend their homes.

Resistance

On Wednesday Clarke resisted Conservative pressure saying it would not change the law.

Clarke said that a review had concluded the present law was "sound".

Some said the move would embarrass Tony Blair, who had previously indicated that he was open to reforms that would have shifted the balance towards the householder.

The publication of the cases is part of Clarke's campaign to educate the public about what actions are legal under current law.

"I have concluded that the current law is sound but needs to be better explained to all concerned, especially for householders," he said in a written statement.

He added that recent guidance had proven 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".

Conservative frontbencher Patrick Mercer, meanwhile, set out his plans to overhaul the existing laws.

"Clearly the public feel very strongly about this issue," Mercer said.

"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.

"If the government does not back our plans it will prove that they are simply all talk."