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By Lord MacKenzie of Framwellgate - 25th February 2010
Lord MacKenzie of Framwellgate writes for ePolitix.com ahead of his question on proposed changes to the law on self defence.
The use of force in defence of life or possessions [or to prevent crime] is a subject that raises the passions of most people. One's instinct is that if a burglar is seriously injured by the householder who catches him 'at it', then he is the author of his own misfortune! The law in my view is quite clear. 'Reasonable force' may be used and has worked well for many years. So why all the fuss now?
There have been one or two high-profile cases where the 'wrongdoer' has been injured by the 'victim', and the 'victim' has appeared in court as a result. In my experience juries are quite sensible about these matters, and will apply their collective view about reasonableness in each case. I believe it is dangerous to change the law to allow 'disproportionate force' to be used, as suggested by the Conservative Party. This will only serve to confuse juries and may well encourage vigilantism.
I have long argued that the law on this matter is not the problem. It is its implementation by the police, the Crown Prosecution Service and the courts. It seems to me that if there is an altercation between a member of the public and a 'criminal', [whether in his own home or not] and the 'criminal' is injured, the matter has to be investigated by the police. The police should make a judgment based on the circumstances, and can investigate the matter sensitively. The crime 'victim' does not have to be hauled off to the police station and placed in the cells. He can be interviewed in his home [under caution if necessary] and the file submitted for consideration.
Obviously the amount of force used and the injuries sustained by the 'criminal' will be an important factor. The police may decide to take no further action. If more consideration is required, then the Crown Prosecution Service should consider the matter within their guidelines. The point I am making is that many cases need never go to court, and the accused 'victim' subjected to all the stress of proceedings, if a little common sense is applied at the beginning of the process by the police and prosecutors. In general they should be celebrated, not condemned. A lighter touch at this early stage is all that is required!
Dods Parliamentary Communications Ltd