Q. I was brought up to believe that an Englishman's home is his castle. However, the law now seems to favour intruders over homeowners. How can the law get it is so wrong?
A. This is an extremely emotive subject and many people feeling exactly as you do. However, it is important to place this issue in context. In the last 15 years there have only been only 11 cases where householders have been prosecuted after tackling intruders. In general, as long as householders act instinctively and in the honest belief that they need to act in this way to protect themselves and their family, almost any level of violence can be used.
The legal question which has to be answered is whether the amount of force used was, objectively speaking, reasonable in the circumstances. In other words, did the homeowner believe that the only way to prevent himself, or someone else, from being harmed was to hurt the intruder? The courts do accept that a person who is being attacked is unlikely to have the time to sit down and consider all the options before taking action.
The Crown Prosecution Service (CPS) do not routinely prosecute householders who use violence against intruders and, although you wouldn't know it from recent media attention, these type of incidents rarely make it to court.
For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk . Patterson, Glenton & Stracey Solicitors; t he Logical Answer.
