Crime: Self-defence Homicide

Lord Mackenzie of Framwellgate Excerpts

Tuesday 8th November 2011 Lords Chamber

Asked By

[Lord Mackenzie of Framwellgate]

To ask Her Majesty’s Government whether they will issue the police with further advice or guidance on self-defence homicide cases, in the light of recent decisions by the Crown Prosecution Service.

[The Minister of State, Ministry of Justice (Lord McNally)]

My Lords, the Ministry of Justice is working with the Home Office to update the code of practice made under the Police and Criminal Evidence Act 1984 to give the police further such guidance. A revised code was published for consultation on 1 November. That consultation will end on 24 January.

[Lord Mackenzie of Framwellgate]

I thank the Minister for that Answer. Does he agree that when burglars enter an occupied dwelling by criminal trespass and as a result one of the burglars is killed or seriously injured by a householder who is clearly defending himself, the public reaction generally is that the burglar deserved everything that he got? It is clear that this matter has to be seriously investigated, but is it really necessary, except in serious cases, for the police formally to take the householder into custody and arrest him with all the consequences that that involves, including searching, placing in cells and so on? Is it not possible for the police to use their discretion more often and to investigate the matter by inviting the householder to co-operate without formal arrest? After all, he is hardly likely to abscond. Does the Minister also agree that recent, highly publicised decisions do not capture the public mood? After all, liberty is precious and should not be removed lightly, particularly from an innocent victim.

[Lord McNally]

My Lords, I fully appreciate many of the points that the noble Lord, Lord Mackenzie, made in that question, which echoed a number of points that were raised in a debate initiated by my noble friend Lord Blencathra on 20 October. Following that debate the Director of Public Prosecutions, Keir Starmer, wrote to me to meet some of the points made in that debate by the noble Lord and other Peers. The director made the point that the CPS had explained that in certain circumstances the police may be advised that an expedited, streamlined file is required following initial investigations by the police. However, he made it clear that the CPS reserves the right to ensure that adequate time is allowed to conduct a comprehensive review of all the evidence available, in accordance with the Code for Crown Prosecutors.