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Using force against intruders: your rights
- Published: Friday, 30 October 2009
A householder's right to protect their home is in the news again. Make sure you know your rights and what you can do to protect your home, property and family from intruders.
Householders and the use of force against intruders
It is a rare and frightening prospect to be confronted by an intruder in your own home. Wherever possible you should call the police.
If that isn’t possible you have the right to use ‘reasonable force’ to protect yourself or others, to carry out an arrest or to prevent crime.
You are not expected to make fine judgements over the level of force you use in the heat of the moment.
So long as you only do what you honestly and instinctively believe is necessary in the heat of the moment, that would be the strongest evidence that you acted lawfully and in self-defence. This is still the case if you use something to hand as a weapon.
As a general rule, the more extreme the circumstances and the fear you feel, the more force you can lawfully use in self-defence.
Crown Prosecution Service (CPS) lawyer Ian Cunningham said: "People are entitled to use reasonable force in self-defence to defend themselves, their family and their property. The CPS policy on householders makes clear that those who use reasonable force in defending themselves will enjoy the full protection of the law and have nothing to fear.
"However, it also makes clear that people could be prosecuted if they act with excessive and gratuitous force."
Find out more about householders and the use of force against intruders by following the link below.
