Legal advice: Beat the burglar?
Publicans await clarification on dealing with intruders.
By Niall McCann of thePublican.com's team of legal experts from London solicitors Joelson WIlson.
While not politically correct, after the imprisonment of Tony Martin for shooting dead an intruder in his home, Norwich City fans' favourite taunt towards the opposition has become repeated chants of "We shoot burglars, say we shoot burglars". While seemingly acceptable in Norfolk, what are your rights if you are faced with a burglar?
At present, the law stipulates that individuals can use "reasonable force" to defend themselves, family and property. Given that publicans often live above or near their licensed premises, the question of "what is reasonable" is particularly pertinent.
The definition of "reasonable" has kept judges and juries busy for decades. Every case is unique and is decided on the facts. Judges do have judicial guidance, though, to take into account such factors as mitigating and aggravating circumstances. Recently Sir John Stevens, the retiring Metropolitan Police Commissioner said: "People should be allowed to use what force is necessary and they should be allowed to do so without the risk of prosecution".
Everybody clear now? Hardly! The Conservatives have proposed an amendment to the existing law and Patrick Mercer, MP for Newark, has published the Householder Protection Bill which proposes freedom from prosecution for anyone who takes action against an intruder, so long as it is not "grossly disproportionate".
Furthermore, the government is in favour of reviewing the current legislation in attempt to give greater clarity - the Bill went for its second reading on February 4, 2005.
Given that an election is imminent, it is unlikely that any change in the law will occur in the near future. In the meantime, I suggest that if faced with an intruder, you refrain from self-help tactics - unless you wish to join Canaries' director Delia Smith as a darling of the Carrow Road terraces.
