Farmer who shot burglar with legally held gun cleared

A Derbyshire farmer who shot dead a suspected burglar during a night-time break-in at his Peak District farm will face no criminal charges, the Crown Prosecution Service has confirmed. The decision ends an investigation that had hung over Rob Lomas for more than two years and was followed closely by rural firearms owners.

What happened at Whaley Bridge?

Derbyshire Police were called to reports of a burglary at a property on Eccles Road, Whaley Bridge, at about 1.20am on 1 May 2024. Mr Lomas, who is in his 50s, confronted intruders inside his home and fired a legally held firearm. Marcus Smith, 19, of Chapel-en-le-Frith, died of gunshot wounds and a second man was seriously injured. Mr Lomas was arrested on suspicion of murder and attempted murder and remained on bail throughout the investigation.

Why did the CPS bring no charges?

Janine McKinney, chief crown prosecutor for CPS East Midlands, said: “After careful analysis of all the evidence gathered during the police investigation, our prosecutors have decided that there will be no criminal charges in relation to the death of Marcus Smith or the serious injury of another male. This decision has been made in accordance with our statutory legal tests as prosecutors and the law surrounding the householder’s rights to defend themself. Our thoughts are with Mr Smith’s family and loved ones.”

The CPS (cps.gov.uk) said the law allows individuals to use reasonable force to defend themselves, other people and their property if threatened with violence.

Why does the case matter to certificate holders?

The case involved a legally held gun used against intruders in the home, ground rarely tested in the courts and anxiously watched by certificate holders. Farming and shooting families in remote places have long argued that slow response times to rural crime leave them exposed. After Mr Lomas’s arrest, his family launched a fundraising appeal, understood to be for legal costs, which raised more than £60,000.

What happens next?

Three men are due to face court proceedings over the burglary at the farm and an alleged burglary at the same property the previous night. Those cases are live, and no further detail has been released.

The decision lands as rural crime climbs the political agenda. New powers under the Crime and Policing Act came into force this month, and the Home Office told MPs on 13 July that its policing reforms are backed by more than £800,000 of funding for the specialist national rural and wildlife crime units. For farmers and shooters in remote places, the Whaley Bridge case will remain the reference point for what happens when the threat comes to the door.