Has Chris Grayling actually read the law on household defence?

The law already provides a robust defence of those who used what they considered to be"reasonable force".

Confirming his status as the darling of the Tory right, Chris Grayling will announce in his speech to the Conservative conference today that the law will be changed to allow householders to use "disproportionate force" against burglars. The recently appointed Justice Secretary will say:

Being confronted by an intruder in your own home is terrifying, and the public should be in no doubt that the law is on their side. That is why I am strengthening the current law.

Householders who act instinctively and honestly in self-defence are victims of crime and and should be treated that way. We need to dispel doubts in this area once and for all, and I am very pleased to be today delivering on the pledge that we made in opposition.

But populism aside, it's hard to see why Grayling believes that a change in the law is either necessary or desirable. The current law, which allows householders to use "reasonable force", supports them provided that:

- they acted instinctively;
- they feared for their safety or that of others, and acted based on their perception of the threat (emphasis mine) faced and the scale of that threat;
- they acted to effect a lawful arrest or to prevent the escape of a person lawfully detained; and
- the level of force used was not excessive or disproportionate in the circumstances as they viewed them (emphasis mine).

Section 76.7 of the Criminal Justice and Immigration Act 2008 requires the court to take into account that "a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action", and that "evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose".

In other words, the law not only defends householders' right to use "reasonable force" but their right to use what they perceived to be "reasonable force" at the time. A Conservative source tells the Guardian: "This is not about letting people go on the rampage. There is a difference between grabbing a bedside lamp and whacking an intruder because you are worried about the children and hitting someone and then stabbing them 17 times". Yet the law, as it stands, already makes this distinction.

Indeed, as Keir Starmer, the Director of Public Prosecutions, has previously noted: "There are many cases, some involving death, where no prosecutions are brought. We would only ever bring a prosecution where we thought that the degree of force was unreasonable in such a way that the jury would realistically convict. So these are very rare cases and history tells us that the current test works very well."

Since, under Grayling's proposals, "grossly disproportionate" force will still be outlawed, it is unclear what will actually change. The danger is that his rhetoric will lead householders to falsely believe that they have an unqualified right to kill or maim a burglar and, ironically, increase the risk of prosecutions.

Grayling is right when he argues that "the public should be in no doubt that the law is on their side" - it already is. And the suggestion that is is not, will only spread dangerous and unnecessary confusion.

Justice Secretary Chris Grayling said "the public should be in no doubt that the law is on their side". Photograph: Getty Images.

George Eaton is political editor of the New Statesman.

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Can the disciplined Democrats defeat Trump’s maelstrom of chaos?

The Democratic National Convention has been exquisitely stage-managed and disciplined. But is it enough to overcome Trump’s news-cycle grabbing interventions?

The Democratic National Convention did not begin auspiciously.

The DNC’s chair, Debbie Wasserman Schultz, was unceremoniously launched as if by an ejector-seat from her job on the eve of the convention, after a Wikileaks dump of internal emails painted a picture of a party trying to keep the insurgent candidate, Vermont senator Bernie Sanders, from blocking Hillary Clinton’s path to the nomination.

One email, in which a staffer suggests using Sanders’ Jewish faith against him as a candidate in order to slow his insurgent campaign, was particularly damning in its optics and Schultz, who had tweeted with some hubris about her Republican opposite number Reince Priebus during last week’s Republican convention in Cleveland, had to fall on her sword.

Clinton’s pick of Tim Kaine as a running-mate – a solid, safe, and unexciting choice compared to a more vocal and radical campaigner like Elizabeth Warren – was also criticised, both by the media, with one commentator calling him “a mayonnaise sandwich on wholewheat bread”, and by the left of the party, who still held out hope that the Democratic ticket would have at least one name on it who shared the radical vision of America that Sanders had outlined.

On top of that, Kaine, who is a Catholic, also disappointed many as a vice-presidential pick because of his past personal history of opposition to abortion. Erin Matson, the co-director of the reproductive rights group ReproAction, tweeted that Kaine being added to the ticket was “tremendously disappointing”.

On the other side, Donald Trump had just received a poll bump following a terrifying speech which recalled Richard Nixon’s 1968 convention address. Both speeches appealed to fear, rather than hope; many are calling Trump’s keynote his “Midnight in America” speech. Just before the Democrats convened, analyst par excellence Nate Silver and his site, 538.com, forecast Trump’s chance of victory over Clinton in November at above 50 per cent for the first time.

On top of that, Bernie Sanders more vocal supporters arrived at the Democratic convention – in Philadelphia in the grip of a heatwave – in relative force. Protests have already been more intensive than they were at the RNC, despite all expectations to the contrary, and Sanders delegates disrupted proceedings on the first day by booing every mention of Hillary Clinton’s name.

But then, things appear to turn around.

The second day of the convention, which saw Hillary Clinton formally nominated as the first female presidential candidate in American history, was less marred by protest. Bernie Sanders addressed the convention and endorsed his erstwhile rival.

Trump’s inability to stop prodding the news cycle with bizarre non-sequiturs turned the focus of what would otherwise be a negative Democratic news cycle back onto him; an unforced error which led to widespread, if somewhat wild, speculation about his possible links with Putin in the wake of the news that Russia had been behind the email hack and lightened some of the pressure on the Democrats.

And then Michelle Obama took the stage, delivering an oration of astonishing power and grace (seriously, watch it – it’s a masterclass).

Compared with the RNC, the Democratic National Convention has so far been exquisitely stage-managed. Speakers were bookended with pithy, designed-for-virality videos. Speakers started on time; headliners played in primetime.

Both Trump and Clinton have now addressed their conventions before their headline speech remotely, via video link (Trump also engineered a bizarre early-convention pro-wrestling-style entrance), which put observers of both in mind of scenes from V for Vendetta.

But the imagery of Clinton’s face appearing on screen through a graphic of shattering glass (see what she did there?) will likely be one of the moments that sticks most in the memory of the electorate. It must kill the reality TV star to know this, but Clinton’s convention is getting better TV ratings so far than the RNC did.

Michelle Obama’s masterful speech in particular provided stark contrast with that of Melania Trump – an especially biting contrast considering that parts of the latter’s speech last week turned out to have been plagiarised from the former. 538’s forecast saw Clinton slide – barely – back into the lead.

A mayonnaise sandwich Tim Kaine might be, but he is nonetheless looking like a smart pick, too. A popular senator from a key swing state – Virginia – his role on the ticket is not to be a firebrand or an attack-dog, but to help the former secretary of state reach out to the moderate middle that Trump appears to be leaving entirely vacant, including moderate Republicans who may have voted for Mitt Romney but find Trump’s boorish bigotry and casual relationship with the truth offputting. And the electoral mathematics show that Trump’s journey to victory in the electoral college will be extremely difficult if Kaine swings Virginia for Clinton.

Ultimately, the comparison between the Democratic convention in Philadelphia so far and last week’s chaotic, slapdash and at times downright nutty effort in Cleveland provides a key insight into what this election campaign is going to be like: chaos and fear on one side, but tight discipline on the other.

We will find out in November if discipline is enough to stop the maelstrom.

Nicky Woolf is a writer for the Guardian based in the US. He tweets @NickyWoolf.