A FORMER North-East police chief urged ministers to abandon plans for tougher “bash a burglar” laws – insisting householders have all the protection they need.
Labour peer Lord Mackenzie of Framwellgate instead accused some forces of going over the top in arresting people who injure intruders.
The former chief superintendent of Durham Police spoke after the Ministry of Justice announced plans to put beyond doubt that householders can use “reasonable force” to defend themselves.
The law will be overhauled following long-standing protests that law-abiding citizens who use force to protect their properties risk prosecution.
In one recent case, Vincent Cooke was arrested after a burglar was stabbed to death at his house in Bramhall, Stockport.
The Crown Prosecution Service eventually said last month that he will not be charged.
But the plans have put Kenneth Clarke, the Justice Secretary, on a collision course with some prosecutors, police and defence lawyers, who fear the change could become a “licence to kill”.
Yesterday, ahead of a House of Lords question on the subject, Lord Mackenzie said: “The law on self-defence is fairly clear and does not need to be changed.
“A citizen has the right to exercise reasonable force in defence of himself or his family.
The recent case of the businessman Vincent Cooke illustrates it well. The problem is that Mr Cooke had to suffer the indignity of arrest with all that that entails; being taken to the police station, being searched and placed in the cells, plus all the adverse publicity.
“Clearly the matter is serious and has to be investigated fully, but the police have discretion and need not arrest, save in exceptional circumstances.”
Lord Mackenzie urged police to “support the real victim” in such cases.
Last month, Mr Clark vowed anyone who reacted “instinctively” to defend their home and possessions would be protected if they used reasonable force.
The law says they can act only if they fear for their life or those of their family. A duty on victims to retreat from an attacker if they are acting in self-defence will also be scrapped.
But Keir Starmer, the Director of Public Prosecutions, is among those who has argued the existing law on selfdefence is working well.
In addition, the Home Office is set to change guidance for police to make it less likely that they will arrest someone who has attacked an intruder in their home.
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