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| Version 1 | Version 2 |
|---|---|
| Tories pledge householder rights | Tories pledge householder rights |
| (about 3 hours later) | |
| A Conservative government would consider strengthening the rights of householders who tackle burglars, the shadow home secretary has said. | A Conservative government would consider strengthening the rights of householders who tackle burglars, the shadow home secretary has said. |
| Chris Grayling said he wanted the law to be "absolutely clear" and the Tories would review the legislation. | |
| It follows the case of Munir Hussain, who was jailed for beating a man who tied up his family in their home. | It follows the case of Munir Hussain, who was jailed for beating a man who tied up his family in their home. |
| Home Secretary Alan Johnson told the BBC's Andrew Marr Show the law was "always kept under review". | Home Secretary Alan Johnson told the BBC's Andrew Marr Show the law was "always kept under review". |
| Currently, the law allows people to use "reasonable" force to defend themselves against intruders in their homes. | Currently, the law allows people to use "reasonable" force to defend themselves against intruders in their homes. |
| Mr Grayling said he wanted to see whether "grossly disproportionate" force would be the right measure, instead. | |
| 'Discretion' | 'Discretion' |
| Last week Hussain was convicted of causing grievous bodily harm with intent, after he and his brother used a cricket bat to beat one of the intruders who broke into his Buckinghamshire home and threatened his family. | |
| Judge John Reddihough acknowledged that the family had been subjected to a "serious and wicked offence", but said Hussain had carried out a "dreadful, violent attack" on the intruder as he lay defenceless. | Judge John Reddihough acknowledged that the family had been subjected to a "serious and wicked offence", but said Hussain had carried out a "dreadful, violent attack" on the intruder as he lay defenceless. |
| Mr Grayling declined to comment on the Hussain case, as it is going to appeal. But he said the case "raises genuine concerns around the country". | |
| "When a story like this hits the newspapers, it reinforces the sense that the law doesn't work on behalf of the householder," he told Sky News. | |
| "We've long debated and argued within the Conservative party that there should be a higher threshold built around the concept of disproportionate force... | |
| "I want to go back and look at the law again... I do want the law to be absolutely clear for the householder to say, right, if something happens to you, the law will protect you if you defend your interests, and at the moment, many people feel that's not certain." | |
| Mr Johnson said it was "impossible not to feel uncomfortable about the case", but the judge had had an "awful lot of discretion". | |
| "It's a case of what's proportionate and only the judge can make the decision," he said. | "It's a case of what's proportionate and only the judge can make the decision," he said. |
| "There was nothing in this case that constricted or restricted the judge. He did have discretion to come down in favour of householder." | "There was nothing in this case that constricted or restricted the judge. He did have discretion to come down in favour of householder." |
| But Mr Johnson said given the amount of public concern, it would be "natural" to look at the law again and ensure it was "absolutely clear" that defending the householder was the "predominant concern". | But Mr Johnson said given the amount of public concern, it would be "natural" to look at the law again and ensure it was "absolutely clear" that defending the householder was the "predominant concern". |
| Clarification | |
| Former Liberal Democrat leader Charles Kennedy told the BBC's Andrew Marr Show that the law did not need to be changed. | Former Liberal Democrat leader Charles Kennedy told the BBC's Andrew Marr Show that the law did not need to be changed. |
| "There is sufficient discretion in the existing legislation for the courts to judge each case on its individual circumstances," he said. | "There is sufficient discretion in the existing legislation for the courts to judge each case on its individual circumstances," he said. |
| "But there is no doubt that there is a considerable public head of steam about this." | "But there is no doubt that there is a considerable public head of steam about this." |
| In the Commons, Conservative backbenchers have twice tried to change the law to allow any force that is not "grossly disproportionate". | In the Commons, Conservative backbenchers have twice tried to change the law to allow any force that is not "grossly disproportionate". |
| Last year, in response to public concern, Justice Secretary Jack Straw published a clarification saying people would be protected legally if they defended themselves "instinctively", they feared for their own safety or that of others, and the level of force used was not excessive or disproportionate. | Last year, in response to public concern, Justice Secretary Jack Straw published a clarification saying people would be protected legally if they defended themselves "instinctively", they feared for their own safety or that of others, and the level of force used was not excessive or disproportionate. |
| He was criticised for doing no more than restate the existing legal position. | He was criticised for doing no more than restate the existing legal position. |