Crime: Homeowners’ Liability

Lord Hodgson of Astley Abbotts Excerpts

Tuesday 24th May 2011 Lords Chamber

[Lord McNally]

Yes, and this is a good opportunity to emphasise from this Dispatch Box wise guidance that was given by the Director of Public Prosecutions in 2005, who is now my noble friend Lord Macdonald of River Glaven. He said:

“The law is on the side of householders … It is only in the most extreme circumstances that householders are prosecuted for violence against burglars”.

He goes on to say that householders,

“are entitled to use violence to protect themselves”,

and that,

“Indeed we routinely refuse to prosecute those reacting in the heat of the moment to finding intruders within their homes”.

[Lord Hodgson of Astley Abbotts]

Is my noble friend aware that some of the more ridiculous cases are stimulated by claims management companies and that there are recommendations about their activities in Lord Justice Jackson's report? Will he update the House as to where we are on the possible implementation of those proposals?

[Lord McNally]

My Lords, my department will respond to Lord Justice Jackson's report shortly, but anyone who thinks that they can get a no-win no-fee prosecution on this basis will end up with no fee.