Gordon backs bid against burglars.

PRESS RELEASE

Release dated:           14^th December 2004                          

Embargoed until:        No embargo

Subject:                       Gordon backs bid against burglars.

Gordon Henderson, is backing calls for the law to be changed to give more protection to householders who are forced to defend themselves against anyone who break into their home with intent to commit a criminal act.

The Conservative initiative to tighten the law on self-defence, within homes and commercial premises, comes in the face of public concern about levels of violent burglary. The new law would allow people to use the necessary force needed to defend themselves, their families and their property.

Gordon said:

‘One of the first duties of a civilised society is to protect its citizens. People deserve to feel safe in their homes, but rising levels of violent burglary actually makes us all feel more vulnerable.

‘Increasingly, householders are frightened to defend themselves against burglars because a ‘human rights culture’ for criminals, means that too often they are treated with more respect that the people they have robbed. If a burglar breaks into your home and attacks you, you should be able to use the necessary force required for self defence, without fear of criminal prosecution.

‘We certainly need to do something to deter burglars. At present, too many criminals burgle properties because they know they can get away with it. For instance, across Swale only one in six burglars are ever brought to justice and the situation is getting worse.

‘I want to see more police officers on our streets and I want to see more hard-drug rehabilitation places made available, because most burglaries today are drug related.

‘Our community deserves better. Householders deserve to be backed by the law, not see criminals given more rights than they have. It is time for the honest majority to fight back.’

…ends…

Enc: Notes to Editor

Notes to Editors

Householder protection bill

Conservatives propose to change the law on self-defence for those within homes and commercial premises who are subject to criminal acts from trespassers. The change in the law would be achieved by means of an amendment to S3 of the Criminal Law Act 1967.

New Clause 3(1)(a)

“Where a person uses force, in the prevention of crime or in the defence of persons or property, against another who has entered or is attempting to enter any building unlawfully as a trespasser, he shall not be guilty of any offence in respect of the use of force unless (a) the degree of force used was grossly disproportionate and (b) this was or ought to have been apparent to the person using such force.”

New Clause 3(1)(b)

“No prosecution shall be brought against a person subject to 3(1)(a) without the leave of the Attorney General.”

This change will provide clarification to householders and others as to what is permissible when being confronted by an intruder. It will also add reassurance and protection to them that they will not suffer prosecution for their actions without very good reason and only where force has been used in a grossly disproportionate manner.

The amended law will not allow a ‘free for all’ in which all restraints are removed from victims of crime, but rebalance the law so that it properly favours victims as against the perpetrators of criminal acts involving entry or attempted entry into buildings.

Rising levels of violent burglary

Total ‘aggravated burglary in a dwelling’ (violent burglary) has gone up by 18 per cent under the current Government (2,884 record offences in 1998-99, and 3,399 in 2003-04) (Home Office, Crime in England and Wales 2003/04, July 2004, Table 2.04).

Home Office research on burglaries

Recent Government research into the behaviour of burglars has revealed:

·            Only 10 per cent of burglars think there is a ‘high likelihood’ of being caught during a burglary or while in possession of stolen property, and the activity is seen as ‘virtually risk-free’.

·            Almost two-thirds of burglars returned to a property they had previously burgled.

·            Burglars’ main motivation for committing their crimes was the need to fund drug use.

Home Office, Decision-making by house burglars: offenders’ perspectives, 1 November 2004. http://www.homeoffice.gov.uk/rds/pdfs04/r249.pdf

Local figures – on bringing burglars to justice

Crime detection statistics show how many crimes have been ‘solved’ by the police - where an offence has been committed and recorded, a suspect been identified and there is sufficient evidence to charge the suspect. A low detection rate means cases are not solved and more criminals are escaping justice. Statistics on crime detection rates are broken down by ‘basic command unit’ areas.

Basic Command Unit - Detection Recorded for Key Offences 2002/03 to 2003/04 – July 2004 - Excel chart

http://www.homeoffice.gov.uk/rds/pdfs04/bcu2.xls

An Excel chart detailing which local authority wards fall into each Basic Command Unit can be downloaded from: http://www.conservatives.com/pdf/bcuwards.xls

 LETTER