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To ask the Secretary of State for the Home Department, whether her Department has made a recent assessment of the potential impact of permitting self-defence weapons on personal safety.
To ask the Secretary of State for the Home Department, whether her Department has made a recent assessment of the potential impact of permitting self-defence weapons on personal safety.
The Government has no plans to permit the possession or use of currently prohibited weapons, such as pepper sprays or tasers, for self-defence purposes. Pepper sprays and tasers are prohibited under section 5 of the Firearms Act 1968.
The Government considers that increased availability of such items potentially increases the risk of them being used by violent criminals, alongside a risk that they may be used inappropriately or irresponsibly in a variety of different circumstances, increasing the risk of serious injuries.
To ask the Secretary of State for Justice, whether her Department plans to review the adequacy of legal protections available to homeowners who use force in self-defence against intruders.
To ask the Secretary of State for Justice, whether her Department plans to review the adequacy of legal protections available to homeowners who use force in self-defence against intruders.
The Ministry of Justice currently has no plans to review or reform the law regarding householders and the use of force against intruders in self-defence.
To ask the Solicitor General, what steps she is taking to ensure that people who act in good faith to protect themselves or others from intruders are not prosecuted.
To ask the Solicitor General, what steps she is taking to ensure that people who act in good faith to protect themselves or others from intruders are not prosecuted.
Charging decisions in cases regarding householders and the use of force against intruders in England and Wales are made independently by the Crown Prosecution Service (CPS).
Reasonable force may be used by homeowners to protect themselves or others if a crime is taking place inside their home. This means individuals can protect themselves ‘in the heat of the moment’ - this includes using an object as a weapon or to stop an intruder running off - for example by tackling them to the ground. There is no specific definition of ‘reasonable force’ as this will depend on each individual circumstance. A homeowner does not have to wait to be attacked before defending themselves in their home. If a homeowner has acted in reasonable self-defence and the intruder dies, they will still have acted lawfully.
However, a prosecution could follow if, for example, the attack on an intruder continues after the danger has passed or a trap has been pre-planned for an individual rather than informing and involving the police.
Guidance regarding householders and the use of force against intruders can be found at Householders and the use of force against intruders | The Crown Prosecution Service.
The CPS does not hold any data which shows the number of defendants who were homeowners prosecuted for using unreasonable or excessive force to protect themselves against an intruder in their home. To establish whether defendants were homeowners using excessive force against an intruder would require a manual review of case files and with over 440,000 defendants prosecuted by the CPS during 2024, this would be at disproportionate cost.
Data is held from 2015 showing the number offences of murder, attempted murder, and manslaughter charged by way of common law (or the Criminal Attempts Act 1981 in respect of attempted murder) in which a prosecution commenced and reached a first hearing in the magistrates’ courts. From 1 January 2015 to 31 December 2024, 12,418 such offences were charged. This figure relates to the number of offences and not the number of individual defendants. It can be the case that an individual defendant is charged with more than one offence against the same complainant. No data is held showing the final outcome or if the charged offence was the substantive charge at finalisation.
To ask the Solicitor General, how many homeowners have been prosecuted for using force against individuals unlawfully present in their homes in the last 10 years.
To ask the Solicitor General, how many homeowners have been prosecuted for using force against individuals unlawfully present in their homes in the last 10 years.
Charging decisions in cases regarding householders and the use of force against intruders in England and Wales are made independently by the Crown Prosecution Service (CPS).
Reasonable force may be used by homeowners to protect themselves or others if a crime is taking place inside their home. This means individuals can protect themselves ‘in the heat of the moment’ - this includes using an object as a weapon or to stop an intruder running off - for example by tackling them to the ground. There is no specific definition of ‘reasonable force’ as this will depend on each individual circumstance. A homeowner does not have to wait to be attacked before defending themselves in their home. If a homeowner has acted in reasonable self-defence and the intruder dies, they will still have acted lawfully.
However, a prosecution could follow if, for example, the attack on an intruder continues after the danger has passed or a trap has been pre-planned for an individual rather than informing and involving the police.
Guidance regarding householders and the use of force against intruders can be found at Householders and the use of force against intruders | The Crown Prosecution Service.
The CPS does not hold any data which shows the number of defendants who were homeowners prosecuted for using unreasonable or excessive force to protect themselves against an intruder in their home. To establish whether defendants were homeowners using excessive force against an intruder would require a manual review of case files and with over 440,000 defendants prosecuted by the CPS during 2024, this would be at disproportionate cost.
Data is held from 2015 showing the number offences of murder, attempted murder, and manslaughter charged by way of common law (or the Criminal Attempts Act 1981 in respect of attempted murder) in which a prosecution commenced and reached a first hearing in the magistrates’ courts. From 1 January 2015 to 31 December 2024, 12,418 such offences were charged. This figure relates to the number of offences and not the number of individual defendants. It can be the case that an individual defendant is charged with more than one offence against the same complainant. No data is held showing the final outcome or if the charged offence was the substantive charge at finalisation.
To ask the Solicitor General, what guidance the Crown Prosecution Service provides to prosecutors when considering whether to charge people who have used force in self-defence within their own home.
To ask the Solicitor General, what guidance the Crown Prosecution Service provides to prosecutors when considering whether to charge people who have used force in self-defence within their own home.
Charging decisions in cases regarding householders and the use of force against intruders in England and Wales are made independently by the Crown Prosecution Service (CPS).
Reasonable force may be used by homeowners to protect themselves or others if a crime is taking place inside their home. This means individuals can protect themselves ‘in the heat of the moment’ - this includes using an object as a weapon or to stop an intruder running off - for example by tackling them to the ground. There is no specific definition of ‘reasonable force’ as this will depend on each individual circumstance. A homeowner does not have to wait to be attacked before defending themselves in their home. If a homeowner has acted in reasonable self-defence and the intruder dies, they will still have acted lawfully.
However, a prosecution could follow if, for example, the attack on an intruder continues after the danger has passed or a trap has been pre-planned for an individual rather than informing and involving the police.
Guidance regarding householders and the use of force against intruders can be found at Householders and the use of force against intruders | The Crown Prosecution Service.
The CPS does not hold any data which shows the number of defendants who were homeowners prosecuted for using unreasonable or excessive force to protect themselves against an intruder in their home. To establish whether defendants were homeowners using excessive force against an intruder would require a manual review of case files and with over 440,000 defendants prosecuted by the CPS during 2024, this would be at disproportionate cost.
Data is held from 2015 showing the number offences of murder, attempted murder, and manslaughter charged by way of common law (or the Criminal Attempts Act 1981 in respect of attempted murder) in which a prosecution commenced and reached a first hearing in the magistrates’ courts. From 1 January 2015 to 31 December 2024, 12,418 such offences were charged. This figure relates to the number of offences and not the number of individual defendants. It can be the case that an individual defendant is charged with more than one offence against the same complainant. No data is held showing the final outcome or if the charged offence was the substantive charge at finalisation.
New clause 19 (Use of another person’s dwelling place for criminal purposes: cuckooing), debated and withdrawn. New clause 23 (Sexual exploitation of an adult), discussed with new clause 26 (Loitering and soliciting: repeal), new clause 30 (Power of Secretary of State to disregard convictions or cautions: Loitering or soliciting for purposes of prostitution)), and new clause 44 (Offence of enabling or profiting from prostitution), debated and withdrawn. New clause 24 (Human trafficking) debated and withdrawn. New clause 31 (Reasonable force in domestic abuse cases), discussed with new clause 32 (Defence for victims of domestic abuse who commit an offence), and new schedule 2 (Offences to which the defence for victims of domestic abuse who commit an offence does not apply), debated and withdrawn. New clause 39 (Requirement for specialist rape and serious sexual offence teams), debated and withdrawn. New clause 40 (Doorstep theft: aggravating factor in theft offence), debated and withdrawn. New clause 41 (Offence of assaulting a retail worker), negatived on division (6 votes to 9). New clause 50 (One-punch manslaughter), debated and withdrawn. New clause 51 (Aggravated offences: hostility towards transgender identity, sexual orientation and disability), negatived on division (6 votes to 9). New clause 52 (Definition of unauthorised access to computer programs or data), discussed with new clause 53 (Defences to charges under the Computer Misuse Act 1990), debated and withdrawn. Government new schedule 1 (Notification orders) agreed to. Bill, as amended, to be reported (Bill 155). Committee adjourned. Written evidence reported to the House.
New clause 19 (Use of another person’s dwelling place for criminal purposes: cuckooing), debated and withdrawn. New clause 23 (Sexual exploitation of an adult), discussed with new clause 26 (Loitering and soliciting: repeal), new clause 30 (Power of Secretary of State to disregard convictions or cautions: Loitering or soliciting for...
To ask the Secretary of State for Education, if she will provide self defence training to secondary school teachers.
To ask the Secretary of State for Education, if she will provide self defence training to secondary school teachers.
No teacher should feel unsafe or face violence or abuse in the workplace. The government is clear all school employers, including trusts, have a duty to protect the health, safety, and welfare of their employees. The government has taken decisive action to improve pupils’ behaviour to ensure all schools are calm, safe, and supportive environments where pupils and staff can work in safety and are respected.
The department supports head teachers in taking proportionate and measured steps to ensure good behaviour in schools. To support schools in doing so, the department has strengthened the behaviour in schools guidance, the primary source of help and support for schools on developing and implementing a behaviour policy that can create a school culture which has high expectations of all pupils. This guidance outlines effective strategies that will encourage good behaviour and the sanctions that will be imposed for misbehaviour. The government also backs head teachers to use exclusions when required, as a last resort. This includes using permanent exclusion when allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.
The government has no plans to introduce self-defence training for teachers. The National Professional Qualification (NPQ) in Leading Behaviour and Culture is relevant for teachers, leaders and non-teaching staff who want to develop their understanding of contemporary practice and research around promoting and supporting positive behaviour. £184 million has been invested into providing fully-funded NPQs for teaching staff across the country to deliver 150,000 NPQs up until the 2023/24 academic year.
The government is providing £10 million of funding for the Behaviour Hubs programmes to enable schools and multi-academy trusts with exemplary behaviour cultures and practices to work in partnership with those that want to improve their behaviour culture.
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of guidance by the Government on the use of reasonable force for (a) self-defence, (b) defence of another, (c) defence of property and (d) the prevention of crime.
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of guidance by the Government on the use of reasonable force for (a) self-defence, (b) defence of another, (c) defence of property and (d) the prevention of crime.
The Ministry of Justice does not issue advice on criminal offences or defences. Responsibility for operational guidance on such matters are the responsibility of the individual criminal justice agencies.
Where there is legislative change made by the Ministry of Justice, it will circulate an explanation of the changes that have been made but this does not constitute legal advice. A circular was published on 26 April 2013 on the “use of force in self-defence at place of residence” outlining the legislative changes that were to be made to it by section 148 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and section 43 of the Crime and Courts Act 2013. The circular is available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/192945/self-defence-circular.pdf.
To ask the Secretary of State for Justice, what advice his Department provides on the legal protections available to householders that use force to defend themselves or their property from an intruder.
To ask the Secretary of State for Justice, what advice his Department provides on the legal protections available to householders that use force to defend themselves or their property from an intruder.
The Ministry of Justice does not issue advice on criminal offences or defences. Responsibility for operational guidance on such matters are the responsibility of the individual criminal justice agencies.
Where there is legislative change made by the Ministry of Justice, it will circulate an explanation of the changes that have been made but this does not constitute legal advice. A circular was published on 26 April 2013 on the “use of force in self-defence at place of residence” outlining the legislative changes that were to be made to it by section 148 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and section 43 of the Crime and Courts Act 2013. The circular is available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/192945/self-defence-circular.pdf.
To ask the Secretary of State for Justice, what advice his Department provides on what constitutes reasonable self-defence for householders defending their property from intruders.
To ask the Secretary of State for Justice, what advice his Department provides on what constitutes reasonable self-defence for householders defending their property from intruders.
The Ministry of Justice does not issue advice on criminal offences or defences. Responsibility for operational guidance on such matters are the responsibility of the individual criminal justice agencies.
Where there is legislative change made by the Ministry of Justice, it will circulate an explanation of the changes that have been made but this does not constitute legal advice. A circular was published on 26 April 2013 on the “use of force in self-defence at place of residence” outlining the legislative changes that were to be made to it by section 148 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and section 43 of the Crime and Courts Act 2013. The circular is available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/192945/self-defence-circular.pdf.
My Lords, on behalf of my noble friend Lady Williams of Trafford, I beg to move Motion E—that this House does not insist on its Amendment 40. Noble Lords will recall that this amendment seeks to establish a firewall so that the personal data of victims of domestic abuse that...
My Lords, on behalf of my noble friend Lady Williams of Trafford, I beg to move Motion E—that this House does not insist on its Amendment 40. Noble Lords will recall that this amendment seeks to establish a firewall so that the personal data of victims of domestic abuse that...
My Lords, noble Lords know that Amendment 42, tabled by the noble Baroness, Lady Royall, seeks to amend the Criminal Justice Act 2003 and provide for a new category of offender to be managed under Multi Agency Public Protection Arrangements, otherwise known as MAPPA. The intention is that such offenders...
My Lords, noble Lords know that Amendment 42, tabled by the noble Baroness, Lady Royall, seeks to amend the Criminal Justice Act 2003 and provide for a new category of offender to be managed under Multi Agency Public Protection Arrangements, otherwise known as MAPPA. The intention is that such offenders...
My Lords, it has rightly been said many times that this is an excellent Bill of which we can be proud. However, in this National Stalking Awareness Week, we have an opportunity to make a further change that would demonstrate that the Government really have listened to the outpouring of...
My Lords, it has rightly been said many times that this is an excellent Bill of which we can be proud. However, in this National Stalking Awareness Week, we have an opportunity to make a further change that would demonstrate that the Government really have listened to the outpouring of...
My Lords, I strongly echo all the points made by the noble Baroness, Lady Royall, but am profoundly upset that Ministers seem to have gone backwards since we last debated this matter in the Lords on Report. The Minister referred to the 30 deaths that we reported at that time,...
My Lords, I strongly echo all the points made by the noble Baroness, Lady Royall, but am profoundly upset that Ministers seem to have gone backwards since we last debated this matter in the Lords on Report. The Minister referred to the 30 deaths that we reported at that time,...
My Lords, I am not a fan of acronyms at the best of times, but I feel that this evening does call for one, and it is DVAOA—which, as everybody will know, stands for “déjà vu all over again”. So here we are again.
Last Thursday, in another place, there was...
My Lords, I am not a fan of acronyms at the best of times, but I feel that this evening does call for one, and it is DVAOA—which, as everybody will know, stands for “déjà vu all over again”. So here we are again.
Last Thursday, in another place, there was...
My Lords, I am pleased to follow the noble Lord, Lord Russell, who I have had the pleasure of working with on different areas of the Bill. He is very wise.
Let me congratulate the Government on reaching this important moment, as the Bill will soon finally become law. I pay...
My Lords, I am pleased to follow the noble Lord, Lord Russell, who I have had the pleasure of working with on different areas of the Bill. He is very wise.
Let me congratulate the Government on reaching this important moment, as the Bill will soon finally become law. I pay...
My Lords, I understand the strength of feeling on this issue. I completely agree on the need to do more to stop serial offenders. Too often in the worst cases we discover that the perpetrator has had a long and shocking
history of previous abuse. I am not clear about...
My Lords, I understand the strength of feeling on this issue. I completely agree on the need to do more to stop serial offenders. Too often in the worst cases we discover that the perpetrator has had a long and shocking
history of previous abuse. I am not clear about...
My Lords, we have had some immensely knowledgeable, cogent and passionate contributions tonight, particularly from the noble Baroness, Lady Royall, and my noble friend Lady Brinton.
Several noble Lords have referred to National Stalking Awareness Week and, like others, I was greatly heartened to hear the Secretary of State, Robert Buckland,...
My Lords, we have had some immensely knowledgeable, cogent and passionate contributions tonight, particularly from the noble Baroness, Lady Royall, and my noble friend Lady Brinton.
Several noble Lords have referred to National Stalking Awareness Week and, like others, I was greatly heartened to hear the Secretary of State, Robert Buckland,...
Moved by
Baroness Williams of Trafford
Moved by
Baroness Williams of Trafford