Homeowners and 'have-a-go-heroes' finally get right to defend themselves

Homeowners and 'have-a go-heroes' will be handed more legal protection to defend themselves against burglars and muggers without the fear of prosecution, the Government claimed last night.

Under new laws that came into effect yesterday, police and prosecutors must give greater weight to whether people were acting 'in the heat of the moment'  to defend themselves or their property.

Minsiters said new guidelines by Jack Straw would give the public more confidence they would not end up in court if they hurt an offender while using 'reasonable' force to protect themselves.

But the Justice Secretary's announcement was immediately condemned as a 'hollow gesture' that effectively restated existing laws - word-for-word.

Opposition leaders said it offered nothing new and was merely the Government's latest attempt to woo core Tory voters in Middle England.

They pointed out that even the right, in certain circumstances, to shoot dead a burglar already exists in current law.
Nick Herbert, the Shadow Justice Secretary, said: 'This is a typical Labour con – it will give no greater protection to householders confronted by burglars because it’s nothing more than a re-statement of the existing case law.'

He said key points were simply copied word-for-word from case law on self-defence and reasonable force. Mr Straw first came under fire for ransacking existing laws when he announced greater protection for 'have-a-go heroes' at Labour's annual party conference last September.

Mr Straw issued guidance effectively reminding police and prosecutors to take greater account of the circumstances in which they acted in self-defence before sending a case to court.

He said people would be protected legally if they defend themselves 'instinctively', they feared for their own safety or that of others, and the level of force used is not excessive or disproportionate.

He added the changes in law were designed to ensure the criminal justice system was weighted in favour of the victim.

It meant, he said, that homeowners would be able stab or shoot a burglar if confronted or tackle them and use force to detain them until police arrive.

But they would not be allowed to attack a fleeing criminal with a weapon - as in the case of Norfolk farmer tony Martin - nor lie in wait to ambush them.

Mr Straw said: 'The justice system must not only work on the side of people who do the right thing as good citizens, but also be seen to work on their side.

'The Government strongly supports the right of law abiding people to defend themselves, their families and their property with reasonable force. This law will help to make sure that that right is upheld and that the criminal justice system is firmly weighted in favour of the victim.

'Dealing with crime is not just the responsibility of the police, courts and prisons; it’s the responsibility of all of us.

'Communities with the lowest crime and the greatest safety are the ones with the most active citizens with a greater sense of shared values, inspired by a sense of belonging and duty to others, who are empowered by the state and are also supported by it – in other words, making a reality of justice.

'These changes in the law will make clear – victims of crime, and those who intervene to prevent crime, should be treated with respect by the justice system. We do not want to encourage vigilantism, but there can be no justice in a system which makes the victim the criminal.'

He issued the guidelines, which were placed on the Statute Book in may as amendments to the Criminal Justice and Immigration Act, as crime becomes a huge topic with voters.

Self-defence has been a highly-charged political issue for years, particularly after Tony Martin was jailed for shooting dead an intruder at his remote Norfolk home in 1999 following burglaries.

Public anger has been fired by a string of cases where law-abiding citizens have confronted thugs and hooligans only to find themselves arrested and charged with assault.

Ministers have repeatedly promised to review or toughen the law, but each time have opted not to take any action.

The Tories said Mr Straw -  who claims he has himself helped tackle criminals on several occasions - neglected the issue during his four years as Home Secretary.