Under the current law, homeowners are permitted to use "reasonable force" against intruders.[3] However this standard is criticised for being unclear and weighted too much in favour of the intruders.[4] Under the proposed law, homeowners would be convicte

The first 200 words of this essay...

Introduction

Following the high profile cases of Tony Martin and Munir Hussian,1 the UK Conservative Party has signaled it will introduce new laws providing householders with a stronger defense against criminal liability where they use force to defend themselves against intruders.2 Under the current law, homeowners are permitted to use "reasonable force" against intruders.3 However this standard is criticised for being unclear and weighted too much in favour of the intruders.4 Under the proposed law, homeowners would be convicted only where they used force that was "grossly disproportionate".5

This essay discusses whether such legislative reform is appropriate by first looking at how the current law operates and its main areas of criticism. It then analyses the proposed law and considers whether it adequately improves on the current law.

The current law

As a general rule in common law, householders are entitled to use "reasonable force" to protect themselves, others or their property.6 This rule provides householders with a justifiable defence against a charge of murder or other levels of assault where they kill or injure the intruder.7 The burden of proving the householders did not act in defence rests with the prosecution.8

The Court has