What do you do if you believe that your home is about to be burgled, and not for the first time?

As I understand it, the law says that you may only take physical action against intruders if you are convinced that they are determined to do you harm. And even then you may only use "reasonable force" to restrain them.

If you do take violent action against them and injure or kill them, you must be able to prove to the police and to the court that it was in self-defence or you will be in deep trouble.

These thoughts are prompted, obviously, by this week's case which has led to a murder charge against a farmer alleged to have shot two suspected burglars he caught on his property, one of whom was found dead. That case can't be discussed specifically because the law protects accused people from having their trial prejudiced through advance public speculation in the media.

That law is right and sensible. However, the law which severely limits someone's right to protect their property is a bad law which needs to be changed.

No-one has any right to force their way into another person's home or, indeed, to be anywhere on their property without their permission (other than on public right of way, of course). If they do trespass, they are likely to be up to no good.

The householder has no way of knowing if the intruders merely intend to walk off peacefully with the video, the hi-fi and the jewellery or to commit murder in the process of their raid.

There have been, after all, innumerable instances in which burglars have shown little compunction about murdering householders who have interrupted them in their work. So any householder legally in possession of a gun, or having a large knife or cudgel to hand, should be perfectly entitled to taking the safest course of action and get in there first.

And if the victim is considered to be a "loveable rogue" rather than a bad person (the description used by his mother of the 16-year-old found dead after the incident earlier this week)...well, that's tough. "Loveable rogues" who rob other people cause a great deal of distress and merit no special consideration.

At a time when more and more people are finding themselves the victims of burglars, they need to be given the absolute right to protect themselves and their property. After all, it's becoming increasingly difficult to get the police to do the job.

Fortunately, although the law doesn't recognise this, a number of juries in recent years have shown themselves prepared to decline to convict people accused of murder or manslaughter while they were protecting themselves and their homes.

They have, in effect, defied the law in favour of a common-sense decision. And they're right to keep on doing so as long as common-sense and the law remain so far apart.

Converted for the new archive on 30 June 2000. Some images and formatting may have been lost in the conversion.