December 19, 2007: The Public & Tackling Offenders

Measures which the government argue will give the public confidence when tackling criminals were published today. The reforms are designed to clarify and reinforce the law, articulating the state's responsibility to stand by those acting in good faith when using force in self defence.

Justice Secretary Jack Straw 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. 'In the case of a passer-by witnessing a crime in the street for example, or a householder faced with a burglar in his home, we are reassuring them that if they intervene and necessarily use force which is not excessive or disproportionate, the law really is behind them.'

Jack Straw had announced in September 2007 his intention to review the law. At the time he said:

'How each of us reacts if we encounter a burglar or a street robber has to be a matter of individual discretion and there's a critical line between responsibility and recklessness. I know from personal experience that you have all of a millisecond to make the judgment about whether to intervene. In such a situation, the law on self defence works much better than most people think; but not as well as it could or should.'

'The justice system must not only stand up, but be seen to be standing up for people if they do the right thing as good citizens. So I intend urgently to review the balance of the law to ensure that those who seek to protect themselves, their loved ones, their homes and other citizens, know that the law really is on their side, that we back those who do their duty.'

The reforms come as amendments to the Criminal Justice and Immigration Bill. They are intended to give the public confidence that the law is on their side if they act reasonably in using force, including the fact that:

• they acted instinctively;
• they feared for their safety or that of others, and acted based on their perception of the threat faced and the scale of that threat;
• the level of force used was not excessive or disproportionate in the circumstances as they viewed them.

The law clarifies the existing common law defences and the statutory provisions under the Criminal Law Act 1967. It will enhance the understanding of when force is 'reasonable' as applied in a range of different circumstances, including the householder defending their home and the passer-by intervening in a criminal incident in the street.

The Ministry of Justice state that it is important that the public and officials on the frontline dealing with self defence incidents understand how the current law should work in practice this amendment builds on a strong body of case law to strengthen and broaden this understanding.