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Page last updated at 12:19 GMT, Tuesday, 17 July 2007 13:19 UK

Q&A: What is 'reasonable force'?

A survey has suggested that almost a third of householders in the UK keep items such as golf clubs, cricket bats and heavy torches at hand ready to tackle intruders.

But where do victims stand when confronted with an unwanted presence in their home?

Burglar entering house
The latest guidelines on the use of force were issued in 2005

Q. What force does the law allow?

In England and Wales, anyone can use reasonable force to protect themselves or others, or to carry out an arrest or to prevent crime.

Householders are protected from prosecution as long as they act "honestly and instinctively" in the heat of the moment. "Fine judgements" over the level of force used are not expected.

These guidelines still apply if something to hand is used as a weapon.

Victims do not have to wait to be attacked if they are in their home and fear for themselves or others.

Q. Can the intruder be chased if they run off?

This alters the situation because the householder is no longer considered to be acting in self-defence, which could lower the threshold of force deemed reasonable.

However, reasonable force can still be used to recover property or make a citizen's arrest.

The Crown Prosecution Service (CPS) says "a rugby tackle or a single blow would probably be reasonable".

Q. What is the situation if the intruder dies?

It is still lawful to act in reasonable self-defence, even if the intruder dies as a result.

However, prosecution could result from "very excessive and gratuitous force", such as attacking someone who is unconscious.

Q. Have changes to the law been attempted?

In 2005, Tory MP Anne McIntosh's private member's bill proposed giving householders and shopkeepers the right to use greater force against burglars.

The bill, a third bid to change the law, said there should be no prosecution unless "grossly disproportionate force" was used.

However, the attempt was blocked by a marathon 197-minute Commons speech by Labour's Andrew Dismore who said it amounted to "vigilante law".

In 2005, the government ruled out changes after a review concluded the law was "sound".

As a result the CPS and Association of Chief Police Officers (Acpo) released the current guidance for England and Wales, aimed at combating confusion over the legislation.

Q. How likely is prosecution?

The CPS says it is a fact that very few householders have ever been prosecuted for actions resulting from the use of force against intruders.

But there have been some high-profile cases.

Norfolk farmer Tony Martin was jailed for life for murdering 16-year-old burglar Fred Barras in 1999.

The conviction was later reduced to manslaughter on appeal and the sentence cut to five years. Mr Martin was freed from prison in July 2003.



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