Householders will get the right to use force to defend their homes against burglars. MPs will debate an amendment tomorrow that seeks to clarify the law so that people can use “reasonable” force without fear of being prosecuted.

People will be told that they are within the law if they act instinctively; fear for their own safety or that of others; and the level of force used is not excessive or disproportionate in the circumstances as they saw them.

The changes tabled to the Criminal Justice and Immigration Bill by Jack Straw, the Justice Secretary, are aimed at ensuring that people understand when they can tackle criminals in their homes or on the street.

Although the changes clarify and reinforce the law, they do not give householders greater protection than at present. There is no defence if the degree of force is held to be disproportionate in the circumstances as perceived by the person who takes the law into their own hands. The amendment emphasises, however, that “a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action”.

Nick Herbert, the Shadow Justice Secretary, said that the proposed changes were “merely a restatement of the law” and gave no greater protection to householders.

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