A recent debate has erupted surrounding the law regarding a home-owners right to defend their property after Vincent Cooke 39 stabbed and killed Raymond Jacob with his own knife whilst trying to force his way into Cooke's home. This subject that has sparked outrage with victims of burglary crime since farmer Tony Martin was sentenced to life after shooting and killing 16 year old Fred Barras in 1999. At that time new laws were introduced that allowed home-owners the right to defend one's property with 'reasonable force.' But with burglary and knife-point robberies increasing, the law needs to clarify exactly what is deemed as 'reasonable force.'
Under the terms of the 2008 Criminal Justice and Immigration Act, home-owners can use "reasonable force" to protect themselves against intruders. However the term 'reasonable force' has been under scrutiny after Munir Hussain chased down and beat a burglar with a cricket bat causing brain damage after his family were tied up and held hostage at knife-point. He was told he was going to be killed by the attackers. Hussain was sentenced to 30 months because his attack on the robbers was viewed as a 'revenge attack' that happened after the burglary had taken place. One of the attackers Salem was awarded an absolute discharge as he was deemed unfit to plead after the attack. 'Philip Davies, MP for Shipley said, 'It is as if he (Salem) has got a licence to commit as many crimes as he likes, knowing he'll never be sent to prison. This is what happens when the rights of criminals are put before law-abiding people.'
It is the general opinion of many home-owners and victims of burglary that they should have the more rights than the criminals. Mick 43 London said, 'I would use force against an intruder, after all I don't know what their intentions are, that person could rob, rape or murder my family; so I would do whatever I could to protect them. It's wrong that victims of crime are sent down for protecting their homes whilst the criminals go free.' It is the general consensus of most, that people just don't feel safe in their own homes any-more and that the judicial system is crumbling under the weight of repeat offenders because we need our justice system to be tougher. My late grandmother was attcked and mugged on her own doorstep, the attackers were never caught.
The Government recently pledged that they would alter legislation in order to clarify what constitutes as 'reasonable force.' Justice Secretary Ken Clarke commented. 'If an old lady finds she's got an 18 year old burgling her house and she picks up a kitchen knife and sticks it in him she has not committed a criminal offence and we will make that clear. We will make it quite clear you can hit the burglar with the poker if he's in the house and you have a perfect defence when you do so. However Mr Clark did continue to say that you would not be entitled to protection if you chase them down the street, shoot them in the back when they are running away or organise gangs to go and beat them up." However wether this government can deviler on these promises is another matter entirely.
Defining this law is essential, it could strengthen our judicial system by restoring the faith of victims who feel that injustices have been served. These steps will help people feel secure and protected knowing that they are not going to prison if they defend their homes and families. Burglary is a crime that goes beyond the stealing material possessions, it is an invasion of your home and people are often left feeling violated, helpless, unsafe and frightened for a long time afterwards. So these changes are welcomed but will take time to put into place.
In the meantime, until these changes take effect here are some guidelines issued by The Crown Prosecution Service regarding this issue.
http://www.cps.gov.uk/publications/prosecution/householders.html
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