Straw backs have-a-go heroes
Justice secretary Jack Straw has revealed the government’s review of self-defence legislation, saying the law should back those who forcefully deal with criminals.
Amendments to the criminal justice and immigration bill announced yesterday widen the understanding of when force used against criminal activity is judged to be ‘reasonable’.
Whether a passer-by intervening in a criminal incident in the street or a householder “defending their home”, the changes to the law are designed to support citizens in their efforts to tackle criminals, Mr Straw says.
“We are reassuring them that if they intervene and necessarily use force which is not excessive or disproportionate, the law really is behind them,” he 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.”
The draft legislation contains a number of caveats for assessing individual cases, including the proportionality of the force used to the perceived threat, the time taken to consider options and whether concerns for personal safety are involved.
Yesterday’s announcement follows a commitment Mr Straw made at the Labour party’s autumn conference to an “urgent review” of relevant legislation so that “we back those who do their duty”.
But opposition parties dismissed the move as being a simple restatement of the law, claiming the proposed amendments did not amount to a real change from existing guidelines.
Shadow justice secretary Nick Herbert said the September commitment was “hollow” and described Mr Straw’s announcement as a “legal gimmick”.
Liberal Democrat justice spokesperson David Heath agreed with Mr Herbert on the government amendments, adding: “They will make no difference unless police officers and prosecuting authorities are prepared to use a little common sense in circumstances where people are defending themselves or their property from attack.”
