BURGLARS

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Experts offered advice on how householders might fight burglars without breaking the law. They believe a normal household object is an acceptable weapon and those fighting intruders are much more likely to be prosecuted if they use purpose-built weapons such as guns. Experts said a householder might escape prosecution for knifing an intruder if acting in self defence. They were less likely to face legal action with a kitchen knife than a combat knife. And they might also be legally able to use pokers, golf clubs or baseball bats.

The debate on people's rights to defend themselves has intensified after the murder of London financier John Monckton and the stabbing of his wife. Mark Stephens, of law firm Finer Stephens Innocent, said, "The law has always allowed the householder to make a proportionate response to intruders." Martin Beale, managing director of security firm Praetorian Associates, said he backed the right to respond "hard and fast" to burglars. He said, "By showing determination you may make him go for a quick escape." But the Association of Chief Police Officers has advised householders not to confront intruders and dial 999 instead.

Below experts give advice on items householders might use in self-defence.

POKER
Lawyer: Not a problem. A household item with an innocent purpose.
Self-defence expert: Easy for someone small to keep a good hold of. Jabbing or stabbing is quicker than swinging it over your head.

GOLF CLUB
Lawyer: Same as a poker, even if you don't play golf.
Self-defence expert: You won't get the chance to swing it over your head. Go for the intruder's ankles or knees, he won't expect it and it will really hurt.

BASEBALL BAT
Lawyer: Still classified as a household item.
Self-defence expert: Unless you really swing it your burglar can stop it with one hand and grab it from you. Hit the side of the intruder's thigh - hard.

KNIFE
Lawyer: A kitchen knife is OK but a flick knife could be more difficult.
Self-defence expert: The burglar will find it hard to grab your wrist if you hold it reversed with the blade along the back of your arm.

SHOTGUN
Lawyer: Tricky. You can't shoot a burglar in the back - but if he has a gun arming yourself is proportionate.
Self-defence expert: Shotgun owners know how to use their weapon - and the burglar knows this.

HAND GUN
Lawyer: Illegal. No defence for owning one.
Self-defence expert: Illegal but I know people who keep one handy. If their family was threatened they'd use it.

(Source: Daily Mirror)

Householders who injure or even kill intruders are unlikely to be prosecuted, providing they were acting "honestly and instinctively", new guidelines say. The law also protects those who use "something to hand" as a weapon. The leaflet, published by police and prosecutors, aims to combat confusion about current legislation, which lets people use "reasonable force". The guidance, relating to England and Wales, follows a recent decision by ministers not to change the law. Doing what you "honestly and instinctively" believed was necessary would be the strongest evidence of acting lawfully, the guidance said.

And the law protects those who use "something to hand" as a weapon, said the leaflet published jointly by the Crown Prosecution Service (CPS) and Association of Chief Police Officers (ACPO). As a general rule, the more extreme the circumstances and fear felt, the more force can be used lawfully in self-defence, it said, adding that householders do not have to wait to be attacked before defending themselves. But knocking someone unconscious then killing them or hurting them further, or setting a trap for an intruder without involving the police were given as examples of "excessive and gratuitous" force.

The Tories have called for a change in the law so householders are only prosecuted if they use "grossly disproportionate" force. Their demands have been backed by former Metropolitan Police Commissioner Sir John Stevens. Tory frontbencher Patrick Mercer is now pursuing the proposal through a private member's bill in Parliament. The government instead mounted a publicity campaign to clear up public uncertainty after a review concluded no law change was necessary. Home Secretary Charles Clarke said, "I believe in that old adage 'an Englishman's home is his castle'. That's exactly what should be the case and I believe the current law provides that."

An "informal trawl" of CPS records found 11 people had been prosecuted after attacking intruders in the past 15 years, five of whom were convicted. They included a man who laid in wait for a burglar on commercial premises in Cheshire, before beating him up, throwing him into a pit and setting him on fire. A CPS spokesperson said the figures were not definitive because prosecutions are not listed according to whether they were committed by a householder on an intruder. In one of Britain's highest profile cases, Norfolk farmer Tony Martin was jailed for life for murdering 16-year-old burglar Fred Barras, in 1999.

The conviction was later reduced to manslaughter on appeal and the sentence cut to five years. Mr Martin was freed from prison in July 2003. The guidance, said the police had a duty to investigate all incidents involving a death or injury. In cases involving householders attacking intruders prosecutors and police were "determined" they would be dealt with "as swiftly and as sympathetically as possible", it said.