Conservative campaign for the law to be changed to tackle criminals who break into people’s homes
In light of figures that show 12 out of 13 burglars in Hammersmith & Fulham, local Parliamentary Spokesman, Greg Hands, has added his support to the Conservative campaign for the law to be changed to tackle criminals who break into people’s homes.
Greg is calling for the rights of self-defence in the home to be strengthened, in face of public concern about rising levels of violent burglary.
Conservative frontbencher, Patrick Mercer MP, is tabling a new law before Parliament – the Householder Protection Bill. This will tighten the law on self-defence within homes and commercial premises which are subject to criminal acts from trespassers. It will ensure people can use the necessary force required to defend themselves, their families and their property. Greg is adding his support to this new proposed new law.
Greg explained: “If a criminal breaks into your home and attacks you, you should be able to use the necessary force required for self-defence, without the threat of criminal prosecution. I am adding my name to the campaign for the law to be changed.
“But we need to go further to tackle burglary. Across Hammersmith & Fulham only 12 out of 13 burglars are ever brought to justice - burglary is now seen by criminals as ‘risk free’. I want to see an extra 40,000 police officers across England & Wales, with 8,539 allocated to the Metropolitan Police, as pledged by Conservatives.
“Also, I want 25,000 new hard drug rehabilitation places to give young hard drug-users a clear choice: intensive, residential rehabilitation or face the penal system. Most burglary is driven by the need to fund drug use.
Conservatives propose to change the law on self-defence for those within homes and commercial premises who are subject to criminal acts from trespassers. The change in the law would be achieved by means of an amendment to S3 of the Criminal Law Act 1967.
New Clause 3(1)(a): “Where a person uses force, in the prevention of crime or in the defence of persons or property, against another who has entered or is attempting to enter any building unlawfully as a trespasser, he shall not be guilty of any offence in respect of the use of force unless (a) the degree of force used was grossly disproportionate and (b) this was or ought to have been apparent to the person using such force.”
New Clause 3(1)(b): “No prosecution shall be brought against a person subject to 3(1)(a) without the leave of the Attorney General.”
According to the Conservatives, this change will provide clarification to householders and others as to what is permissible when being confronted by an intruder. It will also add reassurance and protection to them that they will not suffer prosecution for their actions without very good reason and only where force has been used in a grossly disproportionate manner.
The amended law will not allow a ‘free for all’ in which all restraints are removed from victims of crime, but rebalance the law so that it properly favours victims as against the perpetrators of criminal acts involving entry or attempted entry into buildings.
December 11, 2004
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