Tories back burglar defence bill

Mr Mercer welcomed the chance to bring the Bill.

Plans to give householders the right to fight back against burglars without fear of prosecution are being backed by the Conservatives.

They say the current law which allows people to use "reasonable force" to defend themselves is "unclear".

The Tories will try to change the law so that cases cannot be brought against those defending themselves unless they use "grossly disproportionate" force.

Tory security spokesman Patrick Mercer is to table a private member's bill.

The news comes just days after the Metropolitan Police commissioner Sir John Stevens said people should be able to use "necessary force" against burglars who enter their homes.

'Law unclear'

Shadow home secretary David Davis said: "People deserve to feel safe in their own homes.

"If a criminal breaks into their home and attacks them, people should be able to use the necessary force required to defend themselves, their families and their property, without the threat of criminal prosecution.

"At present, the law is unclear and fails to give homeowners this protection."

He added that most people thought it was a sign of "today's politically correct and victim-hostile world" that homeowners could find themselves "in the dock charged with doing the most natural thing in the world - defending their homes and loved ones".

Under the plans enclosed in the Bill, no prosecution could be brought against such a person without the leave of the Attorney General.

I'm not talking about guns but people being allowed to defend themselves Sir John Stevens Shot burglar case debate Have Your Say

This, the Tories argue would end the situation where "over-enthusiastic" police officers or Crown Prosecution Staff wrongly seek court action.

"Unless the government actively oppose it. we will get it into law, and we will change the law."

Mr Davis stressed that the party did not want to bring in an "anything goes" law such as applies in the US state of Oklahoma, where householders are given an unqualified right to use any force, including deadly force.

He also said his party's proposals would have been "unlikely" to have had any effect in the case of Tony Martin, the Norfolk farmer jailed for shooting dead a 16-year-old burglar in 1999 as he ran away from the farm.

On Saturday, the Met chief told the Daily Telegraph householders should be presumed to have acted legally in such situations, even if a burglar dies, unless there is evidence to the contrary.

Limited time

He told the paper: "My own view is that people should be allowed to use what force is necessary and they should be allowed to do so without any risk of prosecution."

Mr Mercer told The Sunday Telegraph: "I defy Labour MPs to suggest this will be anything other than an enormously popular piece of legislation."

Home Secretary David Blunkett had announced previously a review of the law on murder - which is intended to provide clarification on issues such as provocation, partial defences, and the interface between murder and manslaughter - but that is not due to report back for 18 months.

However, with an election expected to take place in May 2005, it will be difficult to get the law through - normally the first six or seven MPs drawn in the private members' bills ballot have a serious chance of getting their plans through.