Written question asked by Robert Buckland (Conservative) on Thursday, 27 May 2010, in the House of Commons. It was due for an answer on Thursday, 3 June 2010. It was answered by Lord Garnier (Conservative) on Thursday, 3 June 2010 on behalf of the Solicitor General.

Burglary: Self-defence

Question: To ask the Attorney-General if he will make it his policy to revise the Code for Crown Prosecutors, with particular reference to the rights of householders to protect their (a) persons and (b) property.

Answer: I have been asked to reply.The Code for Crown Prosecutors is issued by the Director of Public Prosecutions under Section 10 of the Prosecution of Offences Act 1985 and provides guidance to prosecutors on the general principles to be applied in all prosecutorial decisions. It is kept under regular review to ensure that it remains in line with legislative and policy changes. It has recently been revised, following public consultation, and was published on 22 February 2010.The DPP has additional legal guidance on the application of these broader principles in specific circumstances, including cases involving householders using force on intruders. In the light of the publication of the Coalition commitment to ensuring that people have the protection that they need when they defend themselves against intruders, consideration will be given to reviewing this guidance to prosecutors in due course.

Secondary information