It is a rare and frightening prospect to be confronted by an intruder in your own
home but should it happen, what do you do?
Wherever possible you should call the police. However should yu come face to face with the intruder then according to GOV. UK, as a home owner, you are able to use ‘reasonable force’ to protect yourself if a crime is taking place inside your home.
There is no specific definition of ‘reasonable force’ – it depends on the circumstances. If you only did what you honestly thought was necessary at the time, this would provide strong evidence that you acted within the law.
This means you can:
- protect yourself ‘in the heat of the moment’ – this includes using an object as a weapon
- stop an intruder running off – for example by tackling them to the ground
However, you could be prosecuted if, for example, you:
- carry on attacking the intruder even if you’re no longer in danger
- pre-plan a trap for someone – rather than involve the police (think Home Alone)
The Crown Prosecution Service (CPS) have issued guidance on your position when you are faced with an intruder in your home and how the police and CPS will deal with any such events.
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 judgments 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 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. A rugby tackle or a single blow would probably be reasonable.
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.
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.
Remember, wherever possible you should call the police on 999.
