MINISTRY OF JUSTICE
News Release issued by The Government News Network on 19 December 2007
Measures to give
the public confidence when tackling criminals were published today.
The reforms are designed to clarify and reinforce the law,
articulating the state's responsibility to stand by those
acting in good faith when using force in self defence.
Justice Secretary Jack Straw said;
"Law abiding citizens should not be put off tackling
criminals by fear of excessive investigation. The law should be
seen as supporting them right from the start.
"In the case of a passer-by witnessing a crime in the street
for example, or a householder faced with a burglar in his home, we
are reassuring them that if they intervene and necessarily use
force which is not excessive or disproportionate, the law really
is behind them."
The reforms come as amendments to the Criminal Justice and
Immigration Bill. They are intended to give the public confidence
that the law is on their side if they act reasonably in using
force, including the fact that:
* they acted instinctively;
* they feared for their safety or that of others, and acted based
on their perception of the threat faced and the scale of that threat;
* the level of force used was not excessive or disproportionate
in the circumstances as they viewed them.
The law clarifies the existing common law defences and the
statutory provisions under the Criminal Law Act 1967. It will
enhance the understanding of when force is 'reasonable'
as applied in a range of different circumstances, including the
householder defending their home and the passer-by intervening in
a criminal incident in the street. It is important that the public
and officials on the frontline dealing with self defence incidents
understand how the current law should work in practice - this
amendment builds on a strong body of case law to strengthen and
broaden this understanding.
Notes to Editors
1. The amendments are available on the Parliament website at http://www.publications.parliament.uk/pa/cm200708/cmbills/015/amend/noa0151218.58-64.html
2. Jack Straw announced in September 2007 his intention to review
the law. At the time he said;
"How each of us reacts if we encounter a burglar or a street
robber has to be a matter of individual discretion - and
there's a critical line between responsibility and
recklessness. I know from personal experience that you have all of
a milli-second to make the judgement 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 stand up, but be seen to
be standing up for people if they do the right thing as good
citizens. So I intend urgently to review the balance of the law to
ensure that those who seek to protect themselves, their loved
ones, their homes and other citizens, know that the law really is
on their side, that we back those who do their duty."
3. The Criminal Justice and Immigration Bill was published in
June 2007. For more information go to http://www.justice.gov.uk/publications/criminal-justice-bill.htm
4. Amendments will be debated in Parliament at Report Stage of
the Bill on 9 January 2007.
http://www.justice.gov.uk
ENDS