Introduction - Whilst most of
us will have a Home Insurance policy to protect our possessions, we all like to
feel safe in our own home. In recent years much has been written about being
secure in our own homes and the use of force to deter persons from entering our
property. In simple terms possessions should always take second place over
injury to life, but what are the rules regarding protecting ourselves from
intruders. How much force are homeowners actually allowed to use?
Householders are allowed to use reasonable force to protect themselves, their
families and their homes against intruders.
How is reasonable force determined? - Any person can use reasonable force
to protect themselves or other persons or to assist in the prevention of a crime
such as a burglary at home. The police and CPS will not expect you to make
finite judgements in a split second moment providing you believe that what you
are doing is right at the time. You are allowed to use your instincts and you
are not barred from using something as a weapon if you believe it is necessary.
The more extreme the circumstances and the amount of fear that you feel, the
more force you will be allowed to use in self defence.
Should you wait to be attacked first before defending yourself? - If you
are at home and are in fear that you will be attached or that others will be
attacked, you do not have to wait for the intruder to attack you first. You are
allowed to use defensive force.
What if in the course of defending myself, the Intruder is killed? - In
the above circumstance, providing you have acted in reasonable self-defence, you
will have acted within the law. However it is worth bearing in mind that;
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If you have managed to suppress an
attacker to the point where perhaps they are unconscious, you will be acting
unlawfully if you decide to keep using force or decide to kill them as a form
of punishment or revenge.
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If you know that you are likely to
be attached and set a trap for the intruder to deliberately hurt or kill them
you will be acting outside the law. If you know you are likely to be attacked,
always inform the police.
Am I allowed to chase an Intruder
if they are running away? - This is not a good idea, in this situation; you
are no longer acting in self-defence so the same degree of reasonable force does
not apply. You will of course still be allowed to use reasonable force if you
are attempting to carry out a citizen’s arrest. Remember, acting out malice or
with intent of revenge is not allowed; you will be breaking the law.
Isn’t it the case that the police will believe the intruder not me? -
When making a decision, the police will weigh up all the facts, of course you
could ague that the intruder caused the situation in the first place and the
police will take this in to consideration. Refer to the notes above about
reasonable force.
Home Insurance & Theft cover. - Always put your personal safety above
that of your possessions, they can be replaced particularly if you have a valid
home insurance policy. It is not worth taking any chances with your own or other
person’s safety. The insurers will still pay your claim for theft or attempted
theft, they will not expect you to risk you life to prevent a claim being made
under your home insurance policy.