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HOUSEHOLDERS WHO INJURE INTRUDERS `PRESUMED INNOCENT'
011525 JAN 10
By Andrew Woodcock, Political Correspondent, PA News
Shadow home secretary Ann Widdecombe today detailed the Tories' proposals
for changes to protect householders who injure intruders who break into their
homes.
She said that, under the Tories, householders who use force on intruders
would be presumed to be innocent unless there was evidence that the force
used was excessive, and burglars would forfeit their right to equal treatment
under the law.
But she made clear that the proposals would not have kept Norfolk farmer
Tony Martin - whose case sparked national furore last year after he was
jailed for life for murdering a teenage burglar - out of the dock.
Cases involving serious injury or death would still be expected to go to
court, she said, adding: "I certainly don't want to create a society in which
people believe that they can use any degree of force, no matter how
disproportionate."
Campaign group Liberty said that Miss Widdecombe's proposals were no
different from the current law, which allows a householder to use "reasonable
force" to defend himself and his property.
But Miss Widdecombe said that they would lift the burden of suspicion from
many people who are arrested and questioned by police after they have tackled
a burglar, only for the case to be dropped without reaching court.
She told BBC Radio 4's World at One: "At the moment, quite apart from the
Tony Martin case, there are many people in the country who injure somebody
who has entered their property and who is threatening them and then they find
that they are on the wrong end of a police investigation."
Even when such cases do not result in charges, she said, "they have all the
anguish despite the fact that they are the wronged party in the first place."
She added: "What we would do is change the way that the law at the moment is
put into practice, because the law theoretically allows reasonable force.
"We would say that the presumption, unless there is prima facie evidence of
excessive force, must be with the householder.
"We must start to take the line that if somebody has entered another's
property for an unlawful purpose, from that moment they have forfeited their
right to equal consideration.
"What we would do is, right from the start of the procedure, presume that
the householder is innocent. If a burglar made a complaint and his injuries
were not such that suggested that excessive force had been used, then that
complaint would not be pursued."
Miss Widdecombe later told PA News that the changes envisaged would not
necessarily require legislation to be put into effect.
The issue would be an urgent priority for an incoming Conservative
government, and "from week one" guidance would be issued to chief constables
on how their officers should interpret the concept of reasonable force, she
said.
Performance would be closely monitored, and if it became apparent that the
guidance was not having the required effect, changes to the law could be
introduced.
Liberty's director of public affairs, Deborah Clark, told World at One: "It
appears that she is proposing that when the police examine whether or not
reasonable force has been used, that they should always presume that someone
has the right to use reasonable force, but that is exactly what the position
is at the moment.
"I don't think Miss Widdecombe is changing anything at all unless she is
suggesting that the police should just assume that reasonable force was used
unless somebody is extremely dangerously injured, and we wouldn't agree with
that kind of change.
"We would want to ensure that people were using reasonable force - and that
is something that could actually cause injury or death to somebody - if they
were under threat themselves."
--
We already know she's a complete weenie on the issue based on her
comments when she worked at the Home Office.
Steve.
Cybershooters website: http://www.cybershooters.org
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