Crime: Self-defence Homicide

Lord Foulkes of Cumnock Excerpts

Tuesday 8th November 2011 Lords Chamber

[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are very varied in these situations and the Director of Public Prosecutions has made it clear—and I think that the draft guidance implies this—that although police are invited to use common sense and discretion when assessing circumstances, the Director of Public Prosecutions cannot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.

[Lord Foulkes of Cumnock]

My Lords, will the Minister make clear to the viewers and listeners from north of the border that all the answers he has given so far apply only to England, and perhaps also to Wales?

[Lord Elystan-Morgan]

Including Wales.

[Lord Foulkes of Cumnock]

Yes, including Wales, thank you. Will the Minister consider having some discussion with his counterpart in Scotland about lessons learnt from Scots law, which very often—and, I think, in this case—is superior to English and Welsh law?

[Lord McNally]

I am very happy to have such discussions. The noble Lord would be amazed, in the 18 months I have been in this job, how often the advice is: “They actually do this a lot better in Scotland”.