Home owners 'need a right of self-defence'

By Patrick Hennessy

CONSERVATIVE MPs make fresh demands today for the law to be changed to give clear rights to house-holders who protect themselves against burglars.

They call on Chris Grayling, the new Justice Secretary, to "raise the bar" against criminals and alter the law on self-defence to make it less likely that householders will end up in the dock for defending their homes.

The debate was reopened last week after Andy and Tracey Ferrie spent almost three days being questioned on suspicion of causing grievous bodily harm after shooting at two men who broke into their remote farm-house in Leicestershire. The couple were confronted in their bedroom by masked intruders and used a legally held shotgun to defend themselves. They were eventually released without charge, having initially been told by police that they could be prosecuted and sent to prison.

After they were cleared, the couple issued a joint statement in which they said: "The past few days have been difficult beyond belief. We are grateful and humbled by the support we have received."

Mrs Ferrie's mother, Hazel Towell, 63, said: "Tracey didn't feel any remorse, it has been a shock to her system obviously. She and Andy could have been seriously hurt. Tracey is a very, very strong character. She is not going to be racking herself with guilt because she knows that everyone is on her side."

The Sunday Telegraph has campaigned for several years, under the slogan The Right To Defend Yourself, for greater legal protection for householders who deal with intruders. The law allows householders to use "reasonable" levels of force against intruders. However, campaigners say this is not clear enough, offers insufficient protection and gives too much scope for interpretation to prosecutors.

There have been two unsuccessful attempts to change the law using Private Members' Bills, in 2004 and 2005, while in 2009 the Conservative Party, then in opposition, backed moves to change the law so that prosecutions could only happen if "grossly disproportionate" force had been used.

In recent years there have been two "clarifications" to the criminal law on self defence, in 2008 under Labour, and last year under the Coalition. The Crown Prosecution Service has also issued guidelines designed to reassure householders, yet the "reasonable" force test remains.

Conservatives have appealed to Mr Grayling, who succeeded Kenneth Clarke as Justice Secretary in last week's reshuffle, to ignore protests against changing the law from the Liberal Democrats and to end the "dithering" to which David Cameron admitted last week that his Government had been prone.

Nick de Bois, a Tory member of the justice select committee, said: "There is both a political and a judicial reason why we should introduce the concept of 'grossly disproportionate force' into the law to protect householders.

"First, we promised to do just that before the election, and regardless of what Lib Dems may say, we should stick to that pledge. Second, it's time to raise the bar so that victims of crime do not find themselves facing prosecution for defending their own homes."

Patrick Mercer, the Conservative backbencher whose Private Member's Bill on the issue was blocked by the Labour government in 2004, said: "This issue is completely clear. We must bring criminal law into line with civil law by making the key test for the householder: 'Was the action they took grossly disproportionate, rather than simply unreasonable?'

"This is a straightforward piece of legislation which will restore the balance for victims, deter criminals and reassure householders. It is not just popular, it is the right thing to do. There must be no more dithering."

Priti Patel, a Tory MP who campaigns on law and order issues, said: "Home owners must be allowed to use force to defend themselves, their family and property from burglars. It is the burglar who is in the wrong for violating the home of their victim, and families need greater legal protection so they can be confident de-fending themselves."

On his appointment, Mr Grayling was seen by Tory MPs on the Right of the party as a minister who would take a "common sense approach" to justice and sentencing, in contrast to Mr Clarke, who was described as the "sixth Lib Dem in the Cabinet" for his more liberal stance.

In last week's break-in, Mr Ferrie, 35, who runs a caravan repair business, and his wife, 45, were in their bedroom when four masked raiders allegedly smashed their way into the cottage near Melton Mowbray. One of the suspects was hit in the hand by shotgun pellets.

Daniel Mansell, 33, pleaded guilty at Loughborough magistrates' court last week to burglary with intent to steal. He was remanded in custody and will be sentenced later this month at Leicester Crown Court. Another man who appeared in the dock did not give an indication of a plea and was also remanded in custody.

Two other men arrested have been bailed pending further inquiries.

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