Householders have the right to take tough action against burglars raiding their homes. ‘Disproportionate force’ against intruders in homes is now acceptable – as long as they reasonably believe such a high level of force is necessary, the High Court has ruled. Senior judges declared the so-called ‘householder defence’ – as strengthened by the Coalition Government – was not incompatible with European human rights laws. They stressed in a landmark ruling they were not giving individuals ‘carte blanche’ to use any degree of force to protect themselves and their loved ones. But force was not necessarily unreasonable and unlawful ‘simply because it is disproportionate – unless it is grossly disproportionate’. The judges rejected a human rights challenge brought by the family of an alleged intruder who was left in a coma after being confronted by a householder in Gillingham, Kent, at about 3am on December 15 2013. Police investigators found ‘householder B’, had used a headlock to restrain Denby Collins – but the prosecuting authorities decided not to charge B with any offence. The Collins family are confident that, had the incident occurred before the recent change in the law, B and possibly other members of his family, would have been charged and prosecuted for unlawful wounding or another offence of violence. President of the Queen’s Bench Division Sir Brian Leveson and Mr Justice Cranston used the case to give guidance to judges and juries throughout England and Wales on how to deal with similar cases.
Is it considered reasonable force to kill someone who has broken into your home if you thought the intruder posed an immediate threat to you and your family? I don't agree with running after the burglar and half way down the road shooting him repeatedly in the back but if you twat him around the head with a weightlifting bar (small one, kept by the bed in case of nocturnal need to do bicep curls) is he not receiving a reasonable twatting considering the fact that the pikey scumbag broke into your drum in the first place? There will be lawyers out there desperate to cut their teeth on cases defending the rights of criminals. If I shouted at a burglar who panicked and fell down the stairs I can guarantee some smart-*rsed brief would say I used excessive volume which caused his client to trip over. Lying in wait with a shotgun is towards the unacceptable end of the spectrum but giving an intruder a clump should be met with applause not a court case.
