New Law to allow killing in self-defence

Law Reform Commission denies this would mean 'shoot-to-kill in the home'

Ireland is to introduce a law allowing people to kill in self-defence in certain circumstances.

The Republic's Law Reform Commission today recommended the law of self-defence which would apply to persons defending themselves, their family or their home.

The recommendation is part of wider reforms published by the Republic's justice minister, Dermot Ahern.

The most publicised case of someone acting in self-defence was that of Padraig Nally, who shot dead John Ward in October 2004.

Nally was sentenced for six years but acquitted after 11 months when it was accepted that he acted in self-defence.

Since the public outcry of the jailing of the farmer the Law Reform Commission has been reviewing the issue of self -defence and is today recommending that it be renamed to "legitimate defence". It could mean a complete defence to murder and lead to an acquittal.

The Commission is also recommending that gardaì and prison officers be allowed to use lethal force when doing their job such as when making arrests, dealing with serious public disorders or preventing prison escapes.

However, it clearly states that the use of force be only allowed as a defence when it is necessary and proportionate.

The Commission recommends that the defence of provocation be allowed in murder trials even in cases where the killing does not immediately follow the provocation.

The Irish Council for Civil Liberties denounced the proposal as a "have-a-go charter".Professor Finbar McAuley of the Law Reform Commission denied that any new law of self-defence would mean "shoot-to-kill in the home".

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