By Lord Mackenzie of Framwellgate - 8th November 2011
Lord Mackenzie of Framwellgate argues that self-defence laws are adequate in their current form and that the police must exercise due discretion when dealing with such cases.
The law on self-defence is fairly clear and does not need to be changed in my view. A citizen has the right to exercise reasonable force in defence of himself or his family.
When an armed burglar enters an occupied dwelling by criminal trespass and in consequence is killed or injured by the householder defending himself, the instincts of most sensible people are that he deserved everything that he got. The courts and the law officers are starting to reflect this and the recent case of the businessman Vincent Cooke illustrates it well. He was recently informed by the Crown Prosecution Service that he would face no charges for stabbing a burglar to death. So good so far!
The problem is that Mr Cooke had to suffer the indignity of arrest with all that that entails; being taken to the police station, being searched and placed in the cells; plus all the adverse publicity. Clearly the matter is serious and has to be investigated fully, but the police have discretion and need not arrest [save in exceptional circumstances] – they could invite the householder to cooperate. He could be interviewed at home or be invited to attend the police station; after all he is unlikely to abscond!
To justify an arrest the police should have reasonable grounds to suspect of him of committing a criminal offence. Surely under the circumstances outlined the facts are fairly clear and self-defence must jump out at them.
A person's liberty is precious and should not be removed lightly – particularly from someone we should be supporting – namely the real victim!
Brian Mackenzieis a former member of the Police Federation of England and Wales (1963-80) and national president of the Police Superintendents' Association (1995-98). He was raised to the peerage in 1998 and sits on the Labour benches.
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