Bolstering protection for homeowners

A seven-year debate on the rights of householders to confront and repel intruders finally ended last week with the passage into law of the Criminal Law (Defence & Dwelling) Act 2011. The new law will allow homeowners to use reasonable force to defend themselves against burglars or other home invaders. Rural-dwellers, in particular, have been clamouring for a clarification of the law which applies to protecting oneself and one's family ever since the 2005 court case involving Co Mayo farmer Padraig Nally who was acquitted of the murder of a trespasser on his land. Mr Nally shot John Ward dead when he found him on his property. Justice Minister Alan Shatter agreed that, up to now, there had been no clear rule on the issue of how to defend one's home against burglars and intruders, but said the matter had now been solved with this new legislation, first brought before the Dail by his predecessor, Dermot Ahern, in 2010. Rural interest groups, in particular the IFA, have welcomed the legislation, believing it provides assurances for homeowners on their rights to protect themselves and their families if someone unlawfully enters their house. The key wording relating to the defence of the home makes clear that a person may use 'reasonable force' to defend themselves in their home to protect people from assault, to protect property and to prevent the commission of a crime. Anyone who uses reasonable force cannot be sued for damages by a burglar and will not be guilty of an offence. The protection also extends to the land immediately surrounding the house. Previously, the law required those in the home to retreat to safety if a confrontation took place in the home. Under the new Act, householders now have the protection of the law to use such force as the person believes is reasonable for protection. And if this belief is honestly held, they will have the protection of the law. The definition of 'reasonable force' is, of course, the grey area in all of this, with the Irish Council for Civil Liberties saying the proposals are lax and contain insufficiently robust legal safeguards to protect the right to life of householders or intruders. While the legislation does not define what is precisely meant by 'reasonable force', Mr Shatter has suggested it means that which is "necessary and proportionate in the circumstances to the task of protection". In any event, the law will undoubtedly be tested in a court of law at some stage and it will be up to a judge or jury to decide whether or not an occupier's belief that they used reasonable force was honestly held and justified. It is not, as some have argued, a carte blanche to kill someone. Though not explicitly stated, there are certain situations whereby people may be allowed to use a firearm to protect themselves if they believe themselves to be in mortal danger. But it would very much depend on the circumstances, legal expert argue. The new Act is unlikely to turn half the nation into vengeful killers but it does give a level of comfort to homeowners that they do at least have protection in law in defending their lives and property if they are under threat, as well as sending a message to criminals that people will be prepared to defend themselves and their loved ones should an encounter take place in the home during the commission of a crime. There is no doubt the recession has led to an increase in the number of burglaries where thieves target homes, while owners are present, for cash and valuables, particularly gold jewellery. The sudden shock of realisation in the early hours of the morning that there is a burglar in the home is a terrifying experience for most, and the best security advice is still to retreat to one's bedroom, lock the door and immediately ring the gardai. The reality is also that most break-ins are carried out by inexperienced and sometimes inept burglars desperate for cash for their next fix - and the majority are likely to flee once they realise they have disturbed the occupants of the house. In some rare circumstances, confrontations may occur and violence in such situations could become a reality. However, rebalancing the law in favour of the householder in such circumstances and bolstering the protection given to homeowners amid growing concerns that the law has often been weighted in favour of the intruder is the right thing to do. This welcome change in the law once and for all puts beyond doubt that homeowners who use proportionate and reasonable force to defend themselves, their families and their properties will not face prosecution in the courts.