Murder Trials for Householders Will Not Clarify Home Defence Law says ICCL
Monday 14 December 2009
The Irish Council for Civil Liberties (ICCL) has described Law Reform Commission proposals on home defence as a “have-a-go” charter, which would rely on murder trials to tell householders that they have been wrong to use lethal force.
Speaking this morning (14 December 2009), in response to advance publicity by the Law Reform Commission for its report, ICCL Director Mr Mark Kelly said:
“Changing the law to encourage householders to “stand their ground” when confronted by burglars will be understood by householders as a charter to “have-a-go”. In fact, as the Law Reform Commission’s proposals were explained by Professor Finbarr McCauley this morning, a householder who uses lethal force against a burglar will still face a murder trial and may well be convicted”.
“The State has a duty to protect the right to life of householders, including through laws that reduce, not increase, the risks they face. That duty is not properly discharged by encouraging people to stand their ground and face violence which they could safely avoid. Nor are murder trials for householders the best means to discourage them from using lethal force unless it is absolutely necessary” Mr Kelly added.
“The current law, which has stood the test of time, already strikes an appropriate balance in this area” Mr Kelly concluded.
The Irish Council for Civil Liberties will issue a further statement, and a spokesperson will be available for interview and comment, once the Law Reform Commission’s full proposals have been published later today (14 December 2009).
ENDS
NOTE TO EDITORS:
Professor Finbarr McCauley of the Law Reform Commission was speaking this morning on RTÉ’s Morning Ireland in advance of the publication later today of the Law Reform Commission’s Defences in Criminal Law report.
The report will be published at 2.30pm today on the Law Reform Commission website – www.lawreform.ie.
For more information, please contact:
Walter Jayawardene
Campaigns & Communications Officer
Irish Council for Civil Liberties
9-13 Blackhall Place
Dublin 7
Ireland
Tel. + 353 1 799 4503
Mob: +353 87 9981574
Fax. + 353 1 799 4512
E-mail walter.jayawardene@iccl.ie
Web www.iccl.ie