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Now we CAN bash a burglar... but not in our gardens: Law to allow



A new law has finally come into force giving householders the right to ‘bash a burglar’...but not if they are stealing from your garden shed.

Justice Secretary Chris Grayling won huge plaudits last year by announcing people would be able to use ‘disproportionate’ force to protect themselves from housebreakers.

But it yesterday emerged the new rules contain a string of exemptions.

For instance, in guidance sent to prosecutors, officials say that homeowners cannot rely on the new defence if they find an intruder in their garden, such as stealing a lawn mower or ornament.

Nor will they be protected if they chase the burglar outside. The fight must take place indoors.

Mr Grayling defended the new law, saying it ‘does exactly what it says on the tin.’ He added: ‘It provides householders with proper protection if they are confronted by a violent or threatening burglar.

‘It was never intended and never promised to allow you to shoot dead someone stealing the lawn mower from your garden shed.’

But critics claimed the new rules did not match Mr Grayling’s tough rhetoric.

The guidance also says that shopkeepers can only get away with using ‘disproportionate’ force on robbbers if they live above their shop, and only if the two parts of the building are connected.

Shop assistants and customers cannot get involved in the violence, unless their loved ones happen to be living in the store.

Householders cannot use the defence if they are only trying to protect their property, rather than trying to defend themselves or their family.


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The guidance states: ‘The provision does not give householders free rein to use disproportionate force in every case they are confronted by an intruder.’

Changing the law to allow homeowners to use maximum force was one of Mr Grayling’s first acts after becoming Justice Secretary.




Farmer Tony Martin was jailed in 2000 for shooting dead a burglar. A spokesman for him described it as an 'absolute farce'

He told last year’s Tory Party conference: ‘Being confronted by an intruder in your own home is terrifying, and the public should be in no doubt that the law is on their side. That is why I am strengthening the current law.

‘Householders who act instinctively and honestly in self-defence are victims of crime and should be treated that way.

‘We need to dispel doubts in this area once and for all, and I am very pleased to be today delivering on the pledge that we made in Opposition.’ But campaigners said that, as a result of the exceptions to the new law, there was still a chance that homeowners and small businesses would possible prosecution if they lash out.

The most notorious case concerns Tony Martin, the Norfolk farmer, who was jailed for shooting dead a burglar in 2000.

Malcolm Starr, a spokesman for Mr Martin, said: ‘I think it’s an absolute farce. They really must let common sense prevail.’




Terror: Thurairagh Pirabahuran, fights an armed robber in his shop in Hainault, Ilford, Essex

In 2008, Munir Hussain chased and caught one of the three men who broke into his house. He and his brother Tokeer were jailed for attacking the intruder with a cricket bat, although their sentences were also later reduced on appeal.

Nick de Bois, a Tory MP on the Justice Select Committee, said: ‘It looks like the Ministry of Justice civil servants are watering down the intent behind this very sensible law.

‘People have the right to defend their property and homes, and they don’t need a straitjacket from the Ministry of Justice.’

The law has been designed so that someone who is confronted by a burglar and has reason to fear for their safety, or the safety of their family, and in the heat of the moment uses force that in the cold light of day seems ‘disproportionate’ will not be guilty of an offence.

This could include the use of lethal force. Only force which is ‘grossly’ disproportionate will not be permitted.

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