The prospect of an intruder breaking into your home is a terrifying thought.
The Crown Prosecution Service (CPS) and the Association of Chief Police Officers insist the first course of action if a burglar breaks into your house should always be to phone the police, but have provided answers for how people can legally defend themselves whenever this is not possible.
Official government advice stipulates people do not have to wait to be attacked and can use 'reasonable force' to protect yourself or others if a crime is taking place inside your home.
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What is reasonable force?
The exact definition of 'reasonable force' is flexible, but the CPS states the law will be on the side of anyone who justifiably protects themselves ‘in the heat of the moment’.
The law reads: "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 means the more extreme the circumstances, the more force you would be able to legally use as self-defence - and can justify the use of a weapon to protect yourself.
This law will still protect homeowners if the intruder dies as a result of your self-defence, as long as the actions can be legally justified as 'reasonable'.
What actions to defend yourself against intruders are against the law?
However, householders are warned the law does not protect them if they are deemed to have used grossly disproportionate force.
This is stated to be any action that is 'over the top' or 'a calculated action of revenge.'
The CPS say homeowners could be prosecuted if they carry on attacking the intruder even when they're no longer in danger, or if they pre-plan a trap for someone - rather than involve the police.
The situation also changes if the intruder tries to run off as the homeowner is no longer considered to be acting in self-defence.
However, the law enables you to stop an escaping intruder by tackling them to the ground if its to recover your property or make a citizen's arrest. But the police insist you should prioritise your own safety in such situations.
What about disproportionate force?
The law states that the force you must use must be reasonable, however something you may have considered appropriate for the situation at the time may be later deemed to be disproportionate in court.
The law states they will give you the 'benefit of the doubt' in such situations but only if this was to protect you or others in the home. Disproportionate force to protect property is still considered to be unlawful.
How police determine what type of self-defence was used?
Police will weigh up all the facts in the case to determine whether the force of the self defence is reasonable, disproportionate or grossly disproportionate.
Cases involving more serious injuries will take longer as officers will need more time to conduct more detailed enquiries into the situation.
The CPS state the law usually sides with the homeowners.
It said: "It is a fact that very few householders have ever been prosecuted for actions resulting from the use of force against intruders."
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