A challenge was brought by the family of a man left in a coma following his alleged intrusion into a home in December 2013. The householder defence laws entitle a householder to use a disproportionate level of force where a person has entered their home without permission. The level of force permitted however is only justified insofar as it is “reasonably believed to be necessary”. The family of Denby Collins in this instance, argued that the law was incompatible with the right to life as protected by article 2 of the European Convention on Human Rights (EHCR).
The High Court ruled that allowing people to use ‘disproportionate’ levels of violence to protect themselves and their families from housebreakers did not breach human rights laws. The judges outlined that any action taken against an intruder would not be unlawful unless it was “grossly disproportionate”, as specified in s.43 of the Crime and Courts Act 2013. Sir Brian Leveson, president of the Queen’s Bench Division, said: ‘A householder will only be able to avail himself of the defence if the degree of force he used was reasonable in the circumstances as he believed them to be.’
The Ministry of Justice said: ‘We welcome this judgment, which confirms that the provisions under the Crime and Courts Act 2013 are compatible with our obligations under human rights legislation.’
The Irish legislation concerning homeowners’ rights is contained in the Criminal Law, Defence and Dwelling Act 2012. This Act gives rights to a homeowner, tenant or visitor when attacked in their own home. Under this act, those individuals specified are free to stand their ground and use force to protect themselves if necessary. Then Justice Minister Alan Shatter signed the Act into law, but said it was “not a licence to kill” and instead permits force in proportion to the threat someone perceives they are under.
Click here for the Crime and Courts Act 2013.
Click here for the Criminal Law, Defence and Dwelling Act 2012.