Justice secretary Chris Grayling's announcement that he will let householders use 'disproportionate' force against burglars has raised concerns within the legal profession.
Under current law in England and Wales, anyone can use 'reasonable' force to protect themselves or others. The use of 'very excessive and gratuitous force', such as attacking a burglar who is unconscious, can lead to prosecution. In this case, a jury will decide whether the force used was reasonable or grievous.
Grayling's proposal would give householders greater leeway. It would allow the use of disproportionate force, if the householder had believed it was reasonable in the heat of the moment.
Commenting on the plan, a Law Society spokesperson said:
'The proposals announced by the Lord Chancellor today are likely to be contentious as they imply a new, rather different standard in the way in which a householder can defend themselves and their property. What will be vital is proper clarity in the legislation about what this will mean in practice.'
The number of prosecutions for householders tackling intruders has remained low under current law, with only seven prosecutions involving homes between 1990 and 2005.