THE murder investigation into the pensioner suspected of fatally stabbing a burglar has reignited the debate about the rights of homeowners to defend themselves.

In 2013, the then-Justice Secretary Chris Grayling said the Government must be on the side of the law abiding majority and that householders acting in self-defence should be treated as “victims of crime”.

A person in England can use “reasonable force” to protect themselves or others if a crime is taking place in their home. This means that in the heat of the moment, they can use an object as a weapon or stop an intruder by, for example, tackling them to the ground.

What constitutes reasonable force is not defined by law but if a person did what they honestly thought was necessary then there would be strong evidence they acted within the law. But a person could be prosecuted if they carried on attacking an intruder after they were no longer in danger or if they planned to tackle someone rather than involve the police.

Neighbours of Richard Osborn-Brooks, the man arrested on suspicion of murder after the fatal stabbing of an intruder, have insisted he should not be punished for defending himself at home. The case appears to have similarities with that of Norfolk farmer Tony Martin who shot dead a burglar and wounded his accomplice after they entered his property in 1999.

Full details of the latest case will emerge in due course. It is likely to test the principle of whether householders tackling intruders with force should be treated as victims or perpetrators of crime.