A MAN who scared off an intruder attempting to break into his Gorse Hill home has attacked plans to give burglars rights.

Adrian Lemaitre, 50, says householders should be free to use force to defend their property against criminals.

Although Mr Lemaitre managed to scare off the intruder by swearing at him, he says he would not have hesitated to use force if it had been necessary.

The Iceland worker was cleaning the kitchen of his Edinburgh Street-home when he heard someone trying to force his front door.

He said: "The burglar had kicked off a wooden panel and was putting his hand through, trying to reach the catch.

"I swore at him, which scared him off. I tried to give chase but I couldn't because I have broken a bone in my leg."

The offender, a man in his mid-20s, ran off down an alleyway.

If Mr Lemaitre had been a few seconds later getting to the door during the incident just over a week ago, the intruder would have entered the house. He said: "In that case, I would have defended my home in any way possible.

"I wouldn't have hesitated to smack him one, regardless of the legal consequences to me.

"If he had got in, the fact is he shouldn't have been there."

Mr Lemaitre's comments come as the Government faces criticism for suggesting that burglars have the same rights as their victims.

Home Office lawyers have argued that Norfolk farmer Tony Martin, who was convicted of shooting dead burglar Fred Barras, 16, should not be freed early because burglars are still members of the public and need to be protected from violent householders.

That has been interpreted as giving burglars the same rights as victims.

Crime prevention officer PC Geoff Suffolk, of Swindon police, advised householders against using force if confronted by a burglar.

He said: "I would advise people not to 'have a go'. The intruder may be armed or have a weapon.

"The law says you have the right to use minimal force to protect yourself, your children or your spouse.

"But under the Human Rights Act 1998, criminals also have rights.

"Just because criminals are committing an offence it doesn't give anyone the right to beat them up."

MP Julia Drown, who represents South Swindon, defended the Government's stance.

She said: "The Government is currently focusing on balancing the criminal justice system in favour of the victim.

"But it is right that a householder should not be able to use unreasonable force on an intruder.

"Some intruders are young children who are misguided. There has to be a balance."

North Swindon MP Michael Wills was unavailable for comment.

Anyone with information about the burglary attempt at Mr Lemaitre's home should contact police on Swindon 528111.