subject: The Right To Defend Yourself In Your Own Home? [print this page] Recent changes to the Criminal Law Bill have seen the rights of individuals defending themselves in their home when an intruder appears change. Minister for Justice Dermot Ahern has said the changes have been placed to 'give recognition to the unique circumstances which prevail when an intruder is being confronted in the place we all have a right to feel is a place of safety, that is, our home.' When cases of people been sent to prison after injuring or even killing a threatening intruder are in the media it is easy to see why there may have been changes required to the Bill.
An example of a case that shows this can be found in Co. Mayo farmer Padraig Nally. Nally was responsible for shooting dead intruder John Ward in 2004. After being sentenced to six years imprisonment for manslaughter and serving eleven months behind bars Nally was eventually released and his conviction quashed.
Last month British justice secretary, Kenneth Clarke, announced plans to examine ways to give increased legal protection to people who defended themselves against intruders, after recognising there was a problem in the current system.
The latest Bill included the topic of using, 'justifiable force,' against a home trespasser who has the intention of carrying out criminal actions. It discusses criminal and civil responsibilities and makes it clear that people are unable to sue home owners in the civil courts for injuries sustained after they protected themselves from possible injury.
The bill also makes clear definitions of what a home is and where the boundaries begin and end.
The most interesting new edition to the bill is the decision that a person who kills an intruder whilst protecting themselves is no longer automatically charged with murder. The amount of threat posed by the trespasser is also considered along with the immediate danger posed. The state of mind of the individual will now be given a lot more consideration too.
There are worries that this now opens the door to the possibility of innocent intruders being killed after home owner's claim they believed the trespasser posed a threat. There is also worry that the amount of firearms being kept in homes will rise, rural areas in particular are a worry.
