The Justice Secretary, Chris Grayling, has announced that householders in England and Wales will have greater protection from burglars in future.
The new measures will mean that someone who is confronted by a burglar and has reason to fear for their safety, or the safety of their family, and in the heat of the moment uses force that is reasonable in the circumstances but in the cold light of day seems disproportionate will not be guilty of an offence. Force which is 'grossly' disproportionate will still not be permitted.
“Being confronted by an intruder in your own home is terrifying, and the public should be in no doubt that the law is on their side. That is why I am strengthening the current law,” said Mr Grayling. “Householders who act instinctively and honestly in self-defence are victims of crime and should be treated that way.”
The current law states that householders can use force that is reasonable in the circumstances as they believed them to be to defend themselves or their property, but states that the use of disproportionate force will never be reasonable in the circumstances.
The Lord Advocate is to refer five cases to the UK Supreme Court for a further ruling as to the scope of the Cadder v HMA decision which was handed down by last October by the Supreme Court. Contact expert criminal defence solicitors in Edinburgh on 0131 557 9151.
New clauses have been added to the latest draft of the Scotland Bill which may permit Scottish criminal appeals to be heard in the UK Supreme Court. Contact 0131 557 9151 for a free initial criminal law consultation.
New figures show that there has been a significant increase in recent years in the number of women in Scottish prisons. Contact McSporrans criminal lawyers for a free initial consultation on 0131 557 9151.
Drink driving case clarifies the scope of Cadder. Contact 0131 557 9151 for a free initial criminal law consultation.
On 22 March 2011, the Double Jeopardy (Scotland) Bill passed its third and final stage through the Scottish Parliament. Contact McSporrans criminal lawyers for a free initial consultation on 0131 557 9151.
A new partnership has been set up to try to prevent crimes against animals in Fife in Scotland. Contact McSporrans today on 0131 225 8813 for free initial advice.
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