British Self Defence Governing Body - Householders and Intruders

British Self Defence Governing Body
the Centre for Physical Interventions
incorporated under authority of Statutory Instrument 1685

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Householders and Intruders

Householders and the use of force against intruders

Joint Public Statement from the Crown Prosecution Service and the Association of Chief Police Officers – 9 September 2008

What is the purpose of this statement?

It is a rare and frightening prospect to be confronted by an intruder in your own home. The Crown Prosecution Service (CPS) and Chief Constables are responding to public concern over the support offered by the law and confusion about householders defending themselves. We want a criminal justice system that reaches fair decisions, has the confidence of law-abiding citizens and encourages them actively to support the police and prosecutors in the fight against crime.

Wherever possible you should call the police. The following summarises the position when you are faced with an intruder in your home, and provides a brief overview of how the police and CPS will deal with any such events.

Does the law protect me? What is 'reasonable force'?

Anyone can use reasonable force to protect themselves or others, or to carry out an arrest or to prevent crime. You are not expected to make fine judgements over the level of force you use in the heat of the moment. So long as you only do what you honestly and instinctively believe is necessary in the heat of the moment, that would be the strongest evidence of you acting lawfully and in self-defence. This is still the case if you use something to hand as a weapon.

As a general rule, the more extreme the circumstances and the fear felt, the more force you can lawfully use in self-defence.

Do I have to wait to be attacked?

No, not if you are in your own home and in fear for yourself or others. In those circumstances the law does not require you to wait to be attacked before using defensive force yourself.

What if the intruder dies?

If you have acted in reasonable self-defence, as described above, and the intruder dies you will still have acted lawfully. Indeed, there are several such cases where the householder has not been prosecuted. However, if, for example:

having knocked someone unconscious, you then decided to further hurt or kill them to punish them; or
you knew of an intended intruder and set a trap to hurt or to kill them rather than involve the police,

you would be acting with very excessive and gratuitous force and could be prosecuted.

What if I chase them as they run off?

This situation is different as you are no longer acting in self-defence and so the same degree of force may not be reasonable. However, you are still allowed to use reasonable force to recover your property and make a citizen's arrest. You should consider your own safety and, for example, whether the police have been called. A rugby tackle or a single blow would probably be reasonable. Acting out of malice and revenge with the intent of inflicting punishment through injury or death would not.

Will you believe the intruder rather than me?

The police weigh all the facts when investigating an incident. This includes the fact that the intruder caused the situation to arise in the first place. We hope that everyone understands that the police have a duty to investigate incidents involving a death or injury. Things are not always as they seem. On occasions people pretend a burglary has taken place to cover up other crimes such as a fight between drug dealers.

How would the police and CPS handle the investigation and treat me?

In considering these cases Chief Constables and the Director of Public Prosecutions (Head of the CPS) are determined that they must be investigated and reviewed as swiftly and as sympathetically as possible. In some cases, for instance where the facts are very clear, or where less serious injuries are involved, the investigation will be concluded very quickly, without any need for arrest. In more complicated cases, such as where a death or serious injury occurs, more detailed enquiries will be necessary. The police may need to conduct a forensic examination and/or obtain your account of events.

To ensure such cases are dealt with as swiftly and sympathetically as possible, the police and CPS will take special measures namely:

An experienced investigator will oversee the case; and
If it goes as far as CPS considering the evidence, the case will be prioritised to ensure a senior lawyer makes a quick decision.

It is a fact that very few householders have ever been prosecuted for actions resulting from the use of force against intruders.

Hussain & Hussain [2010] EWCA Crim 94.

One recent case which provoked considerable public concern is the case of Hussain & Hussain [2010] EWCA Crim 94 where an application of the above guidelines can be seen. In this case, the defendants chased after and beat intruders who had burgled their home where they were subjected to a very serious attack by four armed intruders. The Lord Chief Justice of England and Wales, Lord Judge, stated in relation to the force they used against some of the intruders whom they chased and caught:

"This was not vigilante activity. This was not a planned attack. It did not follow careful or even momentary reflection. Munir Hussain acted under extreme provocation. His involvement in this serious violence was a response to the dreadful and terrifying ordeal, and the emotional anguish which he had undergone. He had used some minor, entirely legitimate, violence towards Walid Salem when he threw the small table at him in his house and so helped set off the chain of events which brought the ordeal of his family to an end. Once he had been violent, his relief that his family and he himself were safe, and his understandable fury at what had happened, combined to make a decent, peaceful man act entirely out of character, in hot blood and, unsurprisingly, without detached reflection. His home had been invaded by a gang of armed men. He and his family were treated with contumely. They were in effect kidnapped in their own home. He feared for their lives. He feared for the honour of his wife and daughter. He did not know what had happened to his youngest son, and feared for what might already have happened. Those fears were amply justified. Thanks to his own efforts, at least in part, all of them were lifted. He might have reacted, as some would, with an overwhelming sense of relief and fatigue, and become incapable of any action. He did not. Nevertheless, it remains the fact that whatever he did in the immediate aftermath was a reaction. In such a fraught situation, provoked beyond endurance, and without contemplating what to do for the best, he reacted against one of the men who was responsible for everything that he and his family had undergone."

As a result, the sentence handed down to Munir Hussain was reduced from 2 years, 6 months’ immediate imprisonment to 12 months’ imprisonment suspended for 2 years and the sentence of Tokeer Hussain was reduced from 3 years and 3 months’ imprisonment to a term of 2 years’ imprisonment.