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People who take on thugs or thieves to protect themselves or others are to have legal guarantees that they will not be prosecuted, Jack Straw will announce today.
The strengthening of the law on self-defence to give confidence to “have-a-go heroes” that the law is on their side will be promised by the Justice Secretary at the Labour conference in Bournemouth.
Mr Straw is planning to make the law spell out more clearly than before that people’s use of “reasonable force” in defending themselves, their properties, or others is permissible.
He wants “good citizens” to know that when they act – for example by chasing after a thief who has snatched a handbag – they will not end up having the law used against them. Many people fear that if they take on an intruder in their own home, for example, they will end up in court.
Mr Straw has asked Justice Department officials urgently to come up with provisions that state clearly in law that people who act bravely to defend themselves, their friends or strangers will not end up as victims.
He will say today that the plan is part of Labour’s drive to reform the criminal justice system in a way that better balances the system in favour of the victims of crime.
He will promise that a swift review of the law – aimed at bringing forward amendments to the Criminal Justice Bill this autumn – would be aimed at ensuring that those who “seek to protect themselves, their loved ones and their homes, as well as other citizens, have confidence that the law is on their side.
“How each of us reacts if we encounter a burglar or a street robber has to be a matter of individual discretion – there’s a critical line between responsi-biity and recklessness,” he will say.
Mr Straw has himself taken action in four incidents in the past 25 years, twice helping to apprehend thieves at Underground stations, once against a street mugger and once helping to catch a burglar at a club in his Black-burn constituency.
He will say: “I know from personal experience that you have all of a milli-second to make the judgment about whether to intervene. In such a situation the law on self-defence works much better than most people think, but not as well as it could or should. The justice system must not only work on the side of people who do the right thing as good citizens, but also be seen to work on their side.”
Mr Straw believes that a key part of citizenship is knowing that “the system will stand up for you if you stand up for fellow citizens”. He will say: “Communities with the lowest crime, the greatest safety, are the ones with the most active citizens, with greater sense of shared values, inspired by a sense of belonging and duty to others, empowered by the State and also supported by it – in other words by making a reality of justice.”
Mr Straw’s announcement comes just two years after Whitehall last gave detailed consideration to changing the law on “reasonable force”. But in January 2005 Charles Clarke, then the new Home Secretary, ruled out giving householders and members of the public more freedom to fight back against burglars and thugs.
In his first major decision after taking office, Mr Clarke showed that he was willing to take politically unpopular decisions by defying calls by the country’s senior police officers and victims’ groups for a change to the law. After discussions with chief constables and prosecutors, he said that the existing law allowing “reasonable force” was “sound”.
Mr Clarke’s decision followed confusion in Whitehall, with ministers at odds with each other over how to respond to a campaign to toughen the law on the use of reasonable force.
Tony Blair, as Prime Minister, said that he was minded to change or clarify the law but Lord Falconer of Thoroton, QC, then Lord Chancellor, did not want a change in the law. Sir John Stevens, former Metropolitan Police Commissioner, and his successor Sir Ian Blair both wanted the law toughened.
Mr Straw’s announcement today is a clear indication that he is determined that the new Ministry of Justice is going to be on the side of the public rather than being seen as a ministry for judges, lawyers and the rest of the legal profession.
Guidance issued by the Crown Prosecution Service and the Association of Chief Police Officers says that anyone can use reasonable force to protect themselves or others, or to carry out an arrest or to prevent crime. The public is not expected to make fine judgments over the level of force used 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-de-fence. This is still the case if you use something to hand as a weapon,” the guidance states.
But the guidance says that there is a difference if a person chases a suspect running away.
In a speech to the conference today Jacqui Smith, the Home Secretary, will promise a policy of zero tolerance towards wrongdoing ranging from antisocial behaviour to serious and violent crime. She wll announce a new fund worth tens of millions of pounds to help the police to use new technologies, such as handheld computers, mobile fingerprinting units and weapon-detection wands, that will enable them to spend more time on the streets and less in the station.
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This guy was Home Secretary for God's sake!
If he was so keen to make these changes why didn't he? Oh yes, of course, there wasn't an election to win then was there. Cynical, despicable, weasel words from a representative of a cynical, despicable, morally bankrupt government of third rate 'jobsworth' busybodies.
Mark, Birmingham, UK
Jack Staw is reported to have said that 'a key to part of citizenship is knowing that "The system will stand up for you if you stand up for fellow citizens'
I would ask Jack Straw to examine how 'the system' is standing up to citizens who have to report the abuse of a child?
I would ask him, while he is in the mood for real scrutiny of the law, to examine just how the Children's Acts are working, in practice, and how they are standing up to being enabled to realise The Best Interest of many children?
Maybe Mr Straw could examine just how well the very secret family courts and the 'Family Justice System' are standing up for the children and how they are being enabled to serve justice to them!
Do the children qualify as 'fellow citizens' and will they now be made confident in 'the knowing' that justice will and can be seen to be being served for them?
Darnthesafetynet, London, W11 1NR
Andrew Milner hits the nail on the head! How can I take on group of thugs attacking someone, or defend myself against such a group unless I am allowed to carry something with which to defend myself? Thugs routinely walk around armed with a variety of weapons, while the ordinary citizen is forced to walk the same streets with no means of defence. This is just populist hot air from Labour that means nothing in practice.
Oh... and there probably won't be any police around when you need them, because they will be at the Police Station filling in paperwork or out arresting someone for a trivial offence
Andrew Brown, derby, UK
About time! Just pray they don't water it down or add other stupid things to the law.
And to John of Nice - Straw isn't requiring you to defend yourself, he's allowing you to. There's an important difference.
Rowan, Oxford,
It will take more than a few words at the party conference to restore the public's faith in the judiciary.
A few well publicised cases where victims push the boundaries of "reasonable force" and get the support of the courts would be a step in the right direction.
And, Mr Straw himself could start the ball rolling himself with a full pardon for Tony Martin.
jasper, chelmsford,
In a country obsessed with human rights I have never been able to comprehend that a thief or burglar who self evidently is not observing my rights should have any protection from those rights. I would always assume that my life was in danger if I found a burglar in my house and would act accordingly. To pursue and apprehend a thief is a personal decision but should never be the subject of prosecution if the apprehension requires a degree of violence. The prevention of theft and apprehension of felons is a public service and the prosecution of those who carry out this service has been a national disgrace.
mike gee, bopurnemouth, uk
I propose that the new powers to defend yourself be called THE TONY MARTIN LAW.
The right to defend yourself should be not only allowed but encouraged.
When a 'low life' enters your house he should realise that he has surrendered all civil liberties. Householders should also be allowed to have proactive deterents around their property like electric fences.
In France, hunting is very popular. Whilst on a househunting visit recently I noticed that nearly every house had a rifle over the fireplace.
It would be interesting to know if burglaries figures are lower in France. Or whether French burglars are a DYING BREED - literally.
G J BUNTON, SLOUGH, BERKSHIRE
Times article 12 January 2005 - "Charles Clarke, the Home Secretary, risked the wrath of anti-crime campaigners today when he announced that homeowners will not be given extra rights to use force to repel burglars." - Tony Blair promised a review and this was the result. What has changed apart from an impending election and an even more cynical opinion of the electorate than they had last time. Oh how short are our memories.
David, Bournemouth, Dorset
This really just reinforces a public view that certain consumate student politicians (there are many in the New Labour camp) were never very capable of much as lawyers.
They do not even seem to understand the complicated and delicate tripartite relationship between consent, self defence (including that of the Iraqi regime when invaded illegally) and the varying degrees of assault starting very low on the scale and commensurate with the degree of injury and likelyhood of forseeability of that injury.
Pete Balchin, Solicitor , Bristol, UK
One reason that police charge, and CPS prosecute people involved in private defence situations is simply that those defending themselves/others typically admit what they have done. These cases are therefore relatively simple to prosecute. Remove the need to hit targets in both police and prosecution, and the cases will fall away as the authorities exercise their discretion.
JS, Cambridge,
About time that this was clarified for all. I know of prison Officers who get suspended for acting in self defence, even when the prisoner was not injured in anyway. Surely if they are protecting the public, and having to deal with this type of person daily, then they should receive the backing of their managers, by ensuring that measures are in place, so that if they act they are not then in threat of losing their job. Something I believe the Police already have.
Graham Ealey, Perth, Perthshire
It's quite correct to say the police don't show up when needed, especially when they might have to face violence.
Some years ago I leapt out of my car to intervene in a teenage fight (one girl was battering the head of another on the pavement, observed and cheered on by a 100-strong crowd of adolescents).
Despite an immediate call by mobile, I was left facing the mob for 1 hour 40 minutes before a policeman arrived. I was surrounded and obstructed, & felt under threat of violence myself, but staved it off by a mixture of humour and apparent calm (I didn't feel at all calm).
The ambulance I asked for never arrived at all. The stunned victim was finally got to her feet & helped away by friends.
The implicit contract always used to be: the police will protect you. Delegate your right of self-defence to the community and the police. Nowadays, the police are too busy with other things. To whom, then, should we look for defence?
Michael Bruce, Selby, Yorkshire
Depressing familiar - heard it all before - a decade of tough on crime and no action. Someone should remind Straw that it was his shower that bought in the human rights act and prosecuted and jailed countless victims for fighting back.
Its funny that they all start sounding sensible in the run up to an election.
philip, Ipswich,
The best advice that anyone could take would be - don't have a go. Mr Straw is probably an exception, and a foolish one at that, to most politicians, whose expertise is most often avoidance and denial.
Judy , Liverpool, england
So Jacqui Smith, the Home Secretary will promise 'zero tolerance' today.
So what happens to the current £2000 allowance extended to fraudsters by the police because of lack of resources?
Brian Gilbert, HAMPTON, Middx
Finally New Labour are coming to their senses. This change is long overdue. I can only hope that he actually puts through a clear and uncomplicated change in the law.
I suspect that the ordinary citizen's experiance under the current regime is somewhat different from Jack's experiance of "having a go". I suspect many have a go heroes find themselves being arrested possibly because they are easy fodder for "solving recorded crime" targets
John Goh, Welwyn Garden City, UK
Andrew Milner hits the nail on the head. The thugs and crimminals arm themselves with guns, kniives, crowbars, baseball bats, etc , to carry out their crimes, but the victims (law abiding citizens) are unable to do likewise in order to protect themselves and others. Should they face attack the law abiding citizen doesn't even have the reassurance that the police will be quickly on the scene... they are too busy filling in paper work or arresting people for offences against political correctness.
Andrew Brown, derby, UK
Asthmatic pensioner ,vs armed fit young burgler. please advise
john, nice, france
The law as it stands states you can use reasonable force but this is far to vague. I hope that the new laws will be better drafted but it is almost certain there will still be an element of debate and so people will still go to court for protecting themselves.
It is known that a burglar who is disturbed and does not run away is very likely to cause serious harm and death. In this scenario then you have to believe your life is in danger and that of your family and so reasonable force here would in my opinion include the death of the burglar. A few days after the event the same circumstances viewed with hindsight might mean that you would decide that you should lock yourself into a room and call the police. What the judiciary do not appreciate is that you have to make these decisions in a split second and the wrong one means you could lose your life and family.
Any individual that is hurt during a crime has only their self to blame and they should not be seen as a victim ever.
joseph Kellie, Edinburgh, Scotland
This populist agenda will soon be forgotten once an election is over and it will be back to business as usual with the government stamping down on ordinary people and curbing their rights while protecting criminals and empowering the state over us.
Simon, Maidstone, Kent
About time too. Now how about the means? I fancy a Glock G19. "Gun control means hitting your target."
Andrew Milner, Yokohama, Japan