What you are allowed to do if somebody breaks in

Being confronted by an intruder at home is a frightening prospect

BEING confronted by an intruder in your own home is a frightening prospect.

And you’ve probably wondered what you would do if it happened - and whether there would be any legal consequences.

Are you allowed to defend yourself?

What happens if you hurt the intruder while doing so? Do you have the right to stand up for your family in your own home?

The Crown Prosecution Service (CPS) has answered some key questions about where you stand under the law when faced with an intruder.

They also explained how the police and CPS will deal with such an event.

Remember, your first port of call should always be to call the police should you be able to do so.

Do you have to wait to be attacked? Put simply- no. If you are in your home and fear for yourself or others, the law doesn’t require you to wait to be attacked before using defensive force. What is “reasonable force”? As a general rule the more extreme the circumstances the more force you can lawfully use in self defence. Does the law protect you? Anyone can use reasonable force to protect themselves or others, or carry out and arrest or prevent a crime.

How far does under law go?

If you do something that you believe necessary, that is the best evidence of you acting lawfully and in self defence - even if you use something to hand as a weapon. What if the intruder dies? The CPS says: “If you have acted in reasonable self defence, as described above, protection and the intruder dies, you will still have acted lawfully.”

What if you chase them as they run off?

You are not acting in selfdefence now so the same force may not be reasonable but you can still use reasonable force to recover property and make a citizen’s arrest.

What is reasonable force if you are chasing them?

The CPS says consider your own safety and whether police have been called but a rugby tackle or a single blow would probably be reasonable.

What is disproportionate or grossly disproportionate force?

The law gives benefit of doubt if actions are disproportionate but made under extreme circumstance. This only applies in self-defence or protecting others. What does that mean? The law does not protect you if the action is over the top or calculated revenge, for example, if you knock an intruder unconscious then kick and punch them repeatedly.

Will police and CPS believe the intruder rather than you?

Police weigh all facts when investigating, including the fact the intruder caused situation to arise.

Police have a duty to investigate death or injury.

How would the police and CPS handle the investigation?

In short - swiftly and sympathetically.

If facts are very clear, or where less serious injuries are involved, the investigation will be concluded quickly.

How quickly would an investigation be dealt with?

According to the CPS cases are dealt with as swiftly and sympathetically as possible.

Special measures like experienced investigators and senior lawyers are appointed.