Law to be clarified on use of ‘reasonable force’ against burglar

Mr Clarke said that an Act of Parliament will be used to “clarify” the existing legal right to use “reasonable force” against intruders.

Prime Minister David Cameron last week promised that the new justice Bill would “put beyond doubt that homeowners and small shopkeepers who use reasonable force to defend themselves or their properties will not be prosecuted”.

Yesterday, Mr Clarke spelt out the sort of action which will be permitted under the new regime, and made clear that it will remain illegal to pursue intruders to attack them or to shoot them in the back as they flee.

The Justice Secretary told the BBC: “If an old lady finds she has 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: “There is no doubt that you or I or anybody else is entitled to use reasonable force to defend ourselves and to protect ourselves or our homes or both.

“That has to be the law and we are going to make that absolutely clear. We are clarifying the law.

“We will make it quite clear you can hit the burglar with the poker if he is in the house and you have a perfect defence if you do so.”

Mr Clarke accepted that the defence of reasonable force already exists, but said: “Given that doubts are expressed, we are going to clarify that.

“It is quite obvious that people are entitled to use whatever force is necessary to protect themselves and their homes.

“What they are not entitled to do is go running down the road chasing them or shooting them in the back when they are running away or to get their friends together and go and 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 these steps.”