A big well done to Justice Secretary Ken Clarke regarding his announcement today (29 June, 2011) of an intention to clarify the law regarding defending yourself when you find an intruder inside your property. I particularly welcome the remarks attributed to Mr Clarke that appear to suggest that ‘Reasonable Force’ may include killing an intruder providing that they are not running away from you, and you are not chasing them down the street as they attempt to flee. Nobody wants to see anyone die before their time, but as I have mentioned in two previous postings; a person faced with an intruder whether masked or not will at that moment in time, quite rightly and probably without exception be overcome with fear.
The size, physical strength, or professional background will not deviate from that fear. No one will know why the intruder is there, and the bottom line is that a reasonable person will be expecting violence against them or other members of their family.
I also welcome the comment from Mr Ken Clarke that; “nobody should be prosecuted and nobody should ever convict anybody who takes these steps”. I for one could not have convicted a person who harmed anyone who broke into their home and which they came face to face with. It is great news that the lawmakers have recognised that doubts in the existing law require clarity, and great news that the Coalition Government are doing something worthwhile and significant for all citizens.
Anyone who wants to break into a person’s home is welcome to do so as that is their choice. But in making that choice, please remember the new rule: ‘intruders beware’. You may get stuck with a knife, bludgeoned or strangled to death. The person who does it to you will not be prosecuted because of a new law that may recognise that an intrusion brings fear, and fear causes a reaction. Norbert Elias has taught us that fear drives people to act, and it is great news that as the law is developed it will recognise this response to fear. The new law will provide legal protection for those who are unfortunate to meet face to face with an intruder, and that fleeting moment where they will believe themselves to be vulnerable.
Well done Ken Clarke, and well done to David Cameron for supporting the move.
29 June 2011
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