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We all secure our homes each evening and hope that no one attempts to enter unlawfully. But what occurs if an intruder does gain entry, and what legal protections do you have?

Specialists at The Crown Prosecution Service (CPS) explain that while encountering a burglar in your home is terrifying, contacting the police should be your priority whenever feasible. The CPS is a non-ministerial department responsible for prosecuting criminal cases investigated by the police and other investigative authorities in England and Wales.

To help people who might encounter this scenario, the CPS and police have issued guidance on self-defence and how such incidents are managed to ensure just outcomes and maintain public trust.

Can I use reasonable force if someone breaks into my home?

The Crown Prosecution Service directs people to a document which states: "Anyone can use reasonable force to protect themselves or others, or to carry out an arrest or to prevent crime. You are not expected to make fine judgments over the level of force you use in the heat of the moment.

"So long as you only do what you honestly and instinctively believe is necessary in the heat of the moment, that would be the strongest evidence of you acting lawfully and in self-defence."

It adds: "This is still the case if you use something to hand as a weapon. As a general rule, the more extreme the circumstances and the fear felt, the more force you can lawfully use in self-defence."

What is 'reasonable'?

You're allowed to use reasonable force to protect yourself. Even if it later appears excessive, it can still be justified if it felt necessary in the moment during an emergency at home.

The CPS explains: "The force you use must always be reasonable in the circumstances as you believe them to be. Where you are defending yourself or others from intruders in your home it might still be reasonable in the circumstances for you to use a degree of force that is subsequently considered to be disproportionate, perhaps if you are acting in extreme circumstances in the heat of the moment and don't have a chance to think about exactly how much force would be necessary to repel the intruder: it might seem reasonable to you at the time but with hindsight, your actions may seem disproportionate.

"The law will give you the benefit of the doubt in these circumstances. This only applies if you were acting in self-defence or to protect others in your home and the force you used was disproportionate - disproportionate force to protect property is still unlawful."

Be careful

The CPS makes clear that the law does not cover actions that go beyond what is reasonable or are carried out in retaliation. For example, knocking out an intruder and then continuing to attack them would likely be seen as excessive. It says this type of behaviour "might amount to grossly disproportionate force for which the law does not protect you".

Do I have to wait to be attacked?

The CPS says "no". If you are in your own home and genuinely fear for yourself or others, you do not have to wait. It confirms that "the law does not require you to wait to be attacked before using defensive force yourself".

What if the intruder dies? Will I be prosecuted?

If you use reasonable self-defence and the intruder dies, your actions can still be lawful, and in some cases, people are not prosecuted. However, this depends on the circumstances.

The CPS states that if you, for example, have knocked someone unconscious and further "hurt or kill them to punish them" or "you knew of an intended intruder and set a trap to hurt or to kill them rather than involve the police" then "you would be acting with very excessive and gratuitous force and could be prosecuted".

What happens during an investigation?

The CPS states that the police investigate all the facts in an incident, including that an intruder caused the situation. As some cases may be misleading, such as to hide other crimes, it asks people to understand the process.

It explains: "The police weigh all the facts when investigating an incident. This includes the fact that the intruder caused the situation to arise in the first place.

"We hope that everyone understands that the police have a duty to investigate incidents involving a death or injury. Things are not always as they seem. On occasions people pretend a burglary has taken place to cover up other crimes such as a fight between drug dealers."