Defending yourself against Burglars
Thankfully, being confronted by an intruder in your own home is a rare occurrence which most people will never face, but it is important for people to understand that if it does ever happen to them the law is firmly on the side of the householder.
Being burgled is a very frightening experience and those who react instinctively and attack intruders will only be prosecuted if the force they use to defend themselves is out of all proportion and wholly excessive.
Two recent examples from Manchester
On 22 June Peter Flannigan was woken by noises downstairs in his house shortly before midnight. On investigating further, he was confronted by intruders, one of whom was armed with a machete. In the ensuing altercation, Mr Flannigan fatally stabbed one of the intruders, John Bennell. The CPS looked carefully at all the evidence gathered by the police, decided that Mr Flannigan had used reasonable force in self-defence and that he should therefore not be charged with any offence.
On 26 July 72-year-old Cecil Coley was locking up his familys florist shop when four men, armed with guns and a knife, forced their way in. Mr Coley received a number of injuries, including a serious facial injury, and his friend was knocked unconscious. At some point in the incident one of the guns, a blank firing pistol, was fired. All the evidence indicates that when Cecil Coley took hold of a knife that was on the shop counter and struck out with it he was acting in a way that he felt instinctively necessary to protect himself, whilst fearing for his life.
After considering all the statements and other evidence gathered by the police, the CPS concluded that Mr Coley was acting in reasonable self-defence at the time, and should not be prosecuted for any offence over the death of one of the intruders, Gary Mullings, nor should he face any charges for injuring a second man who was stabbed in the incident. In connection with this incident, Kyle Mullings, Joseph Junior Mullings and Nathan Walters have been charged with robbery and will appear at Manchester Crown Court on 13 October 2011.
The following is a summary of the legal position when you are faced with an intruder in your home and how the CPS will deal with it:
Does the law protect me? What is 'reasonable force'?
Anyone can use reasonable force to protect themselves or others, or 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 of you acting 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 felt, the more force you can lawfully use in self-defence.
Do I have to wait to be attacked?
If you are in your own home and in fear for yourself or others the law does not require you to wait to be attacked before using defensive force yourself.
What if the intruder dies?
If you have acted in reasonable self-defence and the intruder dies you will still have acted lawfully. However, if, for example, having knocked someone unconscious, you then decided to further hurt or kill them to punish them you would be acting with very excessive and gratuitous force and could be prosecuted. Similarly, if you knew of an intended intruder and set a trap to hurt or to kill them rather than involve the police you would be breaking the law and could be prosecuted.
What if I chase them as they run off?
This situation is different as you are no longer acting in self-defence, so the same degree of force may not be reasonable. However, you are still allowed to use reasonable force to recover your property and make a citizen's arrest. You should consider your own safety and, for example, whether the police have been called. A rugby tackle or a single blow would probably be reasonable. Acting out of malice and revenge with the intent of inflicting punishment through injury or death would not.
Will you believe the intruder rather than me?
The police weigh all the facts when investigating an incident and the fact that the intruder caused the situation to arise in the first place will take into consideration. The police have a duty to investigate incidents involving a death or injury and things are not always as they seem. On occasions people pretend a burglary has taken place to cover up other crimes such as a fight between drug dealers.
How would the police and CPS handle the investigation and treat me?
In some cases, for instance where the facts are very clear, or where less serious injuries are involved, the investigation will be concluded very quickly, without any need for arrest. In more complicated cases, such as where a death or serious injury occurs, more detailed enquiries will be necessary. The police may need to conduct a forensic examination and/or obtain your account of events. To ensure such cases are dealt with as swiftly and sympathetically as possible an experienced police investigator will oversee the case and a senior CPS lawyer will make a quick decision.
Examples of cases where the CPS has prosecuted householders
It is a fact that very few householders have ever been prosecuted for their use of force against intruders, but here are a few examples where this has happened:
A man laid in wait for a burglar on commercial premises, caught him, tied him up, beat him, threw him into a pit and set fire to him (Cheshire);
A number of people trespassed on private land to go night-time fishing. They were approached by a man with a shotgun who threatened to shoot them. They ran away but one of the men was shot in the back with a mass of 40 shotgun pellets (South Wales);
A householder lay in wait for a burglar who tried to burgle his shed. The householder shot him in the back (South Yorkshire).
For further guidance please go to the CPS website:
http://www.cps.gov.uk/publications/prosecution/householders.html
