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Home » News Centre » Press Releases » Guidance published on use of force by householders against intruders

Guidance published on use of force by householders against intruders

01/02/2005

Guidance for householders on the force they can use to tackle intruders was published jointly today by the Association of Chief Police Officers and the Crown Prosecution Service. It reaffirms that householders can use reasonable force to defend themselves, their families and homes.

The guidance also reiterates our determination and commitment to be as swift and sympathetic as possible when carrying out whatever investigation of the incident is necessary.

Ken Macdonald QC, Director of Public Prosecutions, said: "The law is on the side of householders. We aim to reassure them that if they act honestly and instinctively, in the heat of the moment, this will be the strongest evidence that they have acted lawfully and in self-defence.

"Prosecutions of householders for tackling intruders are extremely rare - only a very few in the past 15 years. Even where householders have badly injured, or even killed burglars, the CPS has declined to prosecute unless they have used wholly excessive force.

"However, there has been concern and uncertainty over the force that householders are able to use, so we need to explain how we deal with these sensitive cases, and give some guidance on what we mean by reasonable force. CPS lawyers will prioritise these cases to ensure that we make decisions as quickly as possible."

Chris Fox, President of ACPO, said: "We want everyone to clearly understand that they can use force to protect themselves, or others. The force used should be reasonable force. We want everyone to understand that while we have to investigate the circumstances of such events, we will always remember that anyone engaged in a criminal act should expect reasonable force to be used against them by their victim."

  1. A copy of the guidance is available on this website in the Publications - Prosecution Policy and Guidance section, and the ACPO website, www.acpo.police.uk, or from CPS Communications Branch, 50 Ludgate Hill, London EC4M 7EX, tel: 020 7796 8442, e-mail: publicity.branch@cps.gsi.gov.uk
  2. On 12 January the Home Secretary, Charles Clarke, announced that, following consultations with ACPO and the CPS, he had concluded that the law is sound but needs to be better explained, especially to householders. For more details see Home Office Press Release 004/2005.
  3. On the same date, the CPS and ACPO announced they would work together to publish joint guidance so that any citizen who confronts a criminal in defence of their property, themselves or another, and who uses reasonable and proportionate force, does so in the knowledge that they will be fully supported by the Criminal Justice System.
  4. Media enquiries to CPS Press Office on 020 7796 8106, or ACPO Press Office on 020 7227 3425.