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Right to self-defence in homes to be 'much clearer'
Justice Secretary Ken Clarke has said a householder who knifes a burglar will not have committed a criminal offence under plans to clarify the law on self-defence in England.
He told the BBC people were entitled to use "whatever force necessary" to protect themselves and their homes.
David Cameron recently said the issue should be put "beyond doubt".
Mr Clarke has also said he is committed to axing indeterminate prison sentences despite opposition from many Tory MPs.
Mr Clarke has come under attack over proposed changes to sentencing policy but has denied making a series of U-turns on key elements amid pressure from Tory MPs and sections of the media.
He said indeterminate sentences - where prisoners can be held beyond their original release date if they still pose a danger to society - had been an "unmitigated disaster" since they had been introduced by Tony Blair
He suggested an alternative to them would be in place within two years.
Mr Clarke will defend his criminal justice agenda when proposed sentencing and legal aid changes are debated by MPs later - although no plans to change indeterminate sentences are currently included in planned legislation.
On people's rights to self-defence in their homes, Mr Clarke said there was "constant doubt" about the issue and the proposed legislation would make this "much clearer".
Under the terms of the 2008 Criminal Justice and Immigration Act, homeowners who use "reasonable force" to protect themselves against intruders should not be prosecuted, providing they use no more force than is absolutely necessary.
'Absolute right'
But the government is set to place people's right to defend their property, long present in common law, in statute law.
"It's quite obvious that people are entitled to use whatever force is necessary to protect themselves and their homes," Mr Clarke said.
He added: "We will make it quite clear you can hit the burglar with the poker if he's in the house and you have a perfect defence when you do so."
Mr Clarke said legal protection would not extend to anyone shooting a burglar in the back when they were fleeing or "getting their friends together to beat them up".
"We all know what we mean when we say a person has an absolute right to defend themselves and their home and reasonable force.
"Nobody should prosecute and nobody should ever convict anybody who takes those steps."
The BBC's Political Correspondent Ross Hawkins said it remained to be seen how judges would interpret any change in the law when cases came to court.
cheeRS
Justice Secretary Ken Clarke has said a householder who knifes a burglar will not have committed a criminal offence under plans to clarify the law on self-defence in England.
He told the BBC people were entitled to use "whatever force necessary" to protect themselves and their homes.
David Cameron recently said the issue should be put "beyond doubt".
Mr Clarke has also said he is committed to axing indeterminate prison sentences despite opposition from many Tory MPs.
Mr Clarke has come under attack over proposed changes to sentencing policy but has denied making a series of U-turns on key elements amid pressure from Tory MPs and sections of the media.
He said indeterminate sentences - where prisoners can be held beyond their original release date if they still pose a danger to society - had been an "unmitigated disaster" since they had been introduced by Tony Blair
He suggested an alternative to them would be in place within two years.
Mr Clarke will defend his criminal justice agenda when proposed sentencing and legal aid changes are debated by MPs later - although no plans to change indeterminate sentences are currently included in planned legislation.
On people's rights to self-defence in their homes, Mr Clarke said there was "constant doubt" about the issue and the proposed legislation would make this "much clearer".
Under the terms of the 2008 Criminal Justice and Immigration Act, homeowners who use "reasonable force" to protect themselves against intruders should not be prosecuted, providing they use no more force than is absolutely necessary.
'Absolute right'
But the government is set to place people's right to defend their property, long present in common law, in statute law.
"It's quite obvious that people are entitled to use whatever force is necessary to protect themselves and their homes," Mr Clarke said.
We will make it quite clear you can hit the burglar with the poker if he's in the house and you have a perfect defence when you do so”
Asked about what this would mean in practice, he said: "If an old lady finds she's got an 18 year old burgling her house and she picks up a kitchen knife and sticks it in him she has not committed a criminal offence and we will make that clear."He added: "We will make it quite clear you can hit the burglar with the poker if he's in the house and you have a perfect defence when you do so."
Mr Clarke said legal protection would not extend to anyone shooting a burglar in the back when they were fleeing or "getting their friends together to beat them up".
"We all know what we mean when we say a person has an absolute right to defend themselves and their home and reasonable force.
"Nobody should prosecute and nobody should ever convict anybody who takes those steps."
The BBC's Political Correspondent Ross Hawkins said it remained to be seen how judges would interpret any change in the law when cases came to court.
cheeRS
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