The political debate on the right to defend one’s home and family was inflamed last night after a man jailed for a violent attack on a burglar was freed by the Court of Appeal.
Lord Judge, the Lord Chief Justice, said that he was commuting Munir Hussain’s 30-month prison term to a suspended sentence as an “act of mercy”.
Britain’s most senior policeman later entered the argument over the right to self-defence, saying that citizens who tackled criminals should be applauded for their courage.
Sir Paul Stephenson, the Metropolitan Police Commissioner, said that those who put themselves in personal danger to thwart criminals were heroes and that society was all the better for their bravery. He insisted that he was not commenting directly on the Hussain case, but his remarks will be interpreted as supportive of a change in the law.
The Conservatives’ draft manifesto promises greater protection for those who intervene to stop criminals. The party plans to “change the rules so that anyone acting reasonably to stop a crime is not arrested or prosecuted”. Householders would also be given “greater protection if they have to defend themselves against intruders in their homes”.
Jack Straw, the Justice Secretary, who has himself intervened to stop crime, insisted that there was no need for new legislation — a position supported by Keir Starmer, QC, the Director of Public Prosecutions.
A close aide said: “We have the law in the right place for those people who seek to protect their property, their family and their home and for others who intervene to prevent a crime.”
Hussain, 53, said that he was very happy to be home from prison but that he remained concerned for his brother Tokeer, 35, whose sentence was reduced from 39 months to two years but not suspended.
“I thank the whole country for supporting us,” he said. “That support has been comforting.”
The brothers chased a gang of masked burglars after Munir Hussain’s family suffered a “terrifying ordeal” in which they were tied up and threatened. They caught one, Walid Salem, who was struck so hard with a cricket bat that it broke into pieces. He suffered a permanent brain injury.
Lord Judge, England’s most senior judge, said that the serious violence inflicted on the intruder was a response to the threatening experience that Hussain endured. Describing the case as one of “true exceptionality”, he added: “He feared for their lives and the honour of his wife and daughter.” The violence that the brothers used was not lawful and in normal cases would have resulted in “very long” prison sentences being imposed. But, the judge said, this was not an ordinary or normal case in large part because of the men’s good character.
He said: “It is rare to see men of the quality of the two appellants in court for offences of serious violence.”
The judge said that the “call for mercy” on their behalf was intense and that the court had concluded that it “must be answered”. But he stressed: “This trial had nothing to do with the right of the householder to defend themselves or their families or their homes. The burglary was over and the burglars had gone. No one was in any further danger from them.”
Despite his comments, the case has reawakened concern over householders’ rights in a way not seen since the jailing a decade ago of Tony Martin, who shot dead a burglar at his home in Norfolk.
Speaking at Scotland Yard, Sir Paul said that the authorities were often too quick to criticise people who tried to stop crimes. “We should be starting off by applauding them, thanking them. We ought to be saying these people are heroes, they make society worthwhile,” he said.
Sir Paul, whose wife stepped in to stop a “yob” shouting racial abuse at a woman on a London bus, said that there were always risks associated with intervening. People had to use their common sense and judgment to assess the threat, and a first step for anyone seeing a crime being committed should be to dial 999.
But he added: “We shouldn’t be discouraging people from being active, responsible citizens. I shouldn’t be nannying people and saying you’re not allowed to make this judgment. I’m not trying to criticise the people who don’t take action, I’m applauding those who do.”
He said that he would engage fully with any review of the law. “Any review should make it clear that you have the right to take reasonable action to defend yourself, your family and your property.”