Crime: Self-defence Homicide

Baroness Farrington of Ribbleton Excerpts

Tuesday 8th November 2011 Lords Chamber

[Lord McNally]

I think that the answer to that was indicated in the previous question and by the fact that the noble Lord has tabled this Question today. There are newspaper articles and general assertions made about what is right or wrong. Under our common law, home owners, small shopkeepers and householders can use reasonable force to defend themselves or their properties and will not be prosecuted. My right honourable friend the Lord Chancellor has made clear that he believes that the current law is broadly in the right place. However, we believe that it does no harm, in the light of a lot of these questions and articles, to make it clear in the forthcoming Bill. I think that it will do a lot of good in establishing where people, including the police, are positioned in this. It will also deter any thought that we are drifting towards any kind of endorsement of vigilantism or keeping a six o’clock special under the pillow. This is a consolidation measure to clarify the law.

[Baroness Farrington of Ribbleton]

My Lords, will the Minister clarify the question from my noble friend Lord Mackenzie about the nature and circumstances in which formal arrest takes place?

[Lord McNally]

I think that I have made that clear. We are consulting on guidance. However, the trend of the Question tabled by the noble Lord, Lord Mackenzie, was that somehow policemen could make an instant judgment. Circumstances are very varied in these situations and the Director of Public Prosecutions has made it clear—and I think that the draft guidance implies this—that although police are invited to use common sense and discretion when assessing circumstances, the Director of Public Prosecutions cannot abandon his responsibilities in examining whether or not a crime has been committed and should be prosecuted.