New law gives homeowners the right to physically attack intruders

If you found an intruder in your home, what would you do? From today, householders can now physically attack and kill intruders as long as they can prove that their lives were in danger and that the killing was warranted.

The Irish Daily Mirror reports that the long-awaited legislation comes into force from today. Through this legislation people are allowed to use “reasonable force” against burglars.

The Criminal Law, Defence and Dwelling Act gives rights to a homeowner, tenant or visitor when it comes to being attacked in their own home. Under this act, the aforementioned are free to stand their ground and use force to protect themselves if necessary. It also states that there is no requirement for a person to retreat.

The law is released following a seven-year debate focussing on the rights of homeowners after the death of John ‘Frog’ Ward in county Mayo in 2004.

Mr Ward came onto the property of Padraig Nally without permission and the farmer beat him and shot him twice. Mr Nally was later found not guilty of manslaughter.

The legislation for the act was first introduced by Dermot Ahern, the former minister for Justice, in the summer of 2010.

Although it is not explicitly stated in the law, the act suggests that in certain situations people may be allowed to use a firearm to protect themselves.

“This law could permit the use of a firearm but the person would have to believe themselves to be in mortal danger. This can be quite a subjective thing and it depends on the circumstances,” said a legal expert.

The Irish Council for Civil Liberties has spoken out against the act describing it as being “lax.”

“A law which encourages people to use lethal force to defend their property shows scant regard to the right to life of householders or intruders,” said Mark Kelly, Director of the Council for Civil Liberties.

“Legislation that suggests the right to property can trump the right to life exposes well-intentioned householders to unwarranted physical danger and the risk of criminal prosecution for murder,” he added.

Do you agree with the law? Should homeowners be given the right to protect themselves from intruders?