The UK's new self-defence law opens the door for a Trayvon Martin case

By placing what is essentially a variant of Florida's "stand your ground" law on the statute book, the coalition has created the potential for greater acts of vigilantism.

Tony and Trayvon Martin. Not related by blood, but the two share more than a surname. The supporters of both men claim that they are the victims of unfair self-defence laws in their respective countries. Whereas in the UK, Tony Martin was deemed to have unlawfully killed the burglar who had entered his farmhouse, Trayvon Martin’s killer has walked free from a Florida Court. In seeking to avoid the issues caused by Tony Martin’s prison sentence, the UK government has made worrying moves towards the much-criticised US position.

The “stand your ground” self-defence law in Florida, states that a person who is attacked in a place where he or she has a right to be has “no duty to retreat and has the right to… meet force with force, including deadly force if he or she reasonably believes it is necessary to do so”.

In the aftermath of the Zimmerman trial, the United States Attorney General, Eric Holder called into question “laws that senselessly expand the concept of self-defence and sow dangerous conflict in our neighbourhoods”. The veteran campaigner Reverend Al Sharpton went as far as to describe the stand your ground law, which exists in over 30 States as the “worst violation of civil rights” in America. If the dry words of the legal text books do not provide enough context, perhaps the fact that this law is supported strongly by the National Rifle Association will.

Opponents argue that by allowing a lawful excuse for people to stand and fight when faced with what they perceive to be a grave threat, the law will lead to unnecessary escalations in violence. When this is coupled with ingrained racial stereotyping which perceives certain races to be more threatening than others, the law can justify or even catalyse a deadly chain of events.

Ironically, it is a variant of the stand your ground law – in fact a more extreme form – that the coalition has just written into the statute books.  

In 2012, Justice Secretary Chris Grayling grandly declared: “The public should be in no doubt that in such circumstances that the law really is on their side. We need to get rid of doubts in this area once and for all”. Contrary to Grayling’s version of events, the law prior to his amendment was appropriate to deal with the situation of people threatened in their own homes: a person was allowed to use such force as is reasonable, in the circumstances which he honestly believed to be the case. This rule took into account the possibility for an honest mistake about the level of threat that an intruder poses but crucially, did not act as a carte-blanche for acts of personal revenge or retribution. Sometimes, it is reasonable to not use force at all.

The law did not impose an onerous duty on the initial victims of a crime to carefully consider absurd trade-offs: “Should I hit him with a vase, or use a golf club?” The statute books, judges, and perhaps most crucially, the Crown Prosecution Service did not expect a person to, as one Law Lord put it “weigh to a nicety” the exact measure of a defensive action. Fortunately, this remains unchanged in all situations apart from that of the household.

One recent amendment provides that a possibility that a defendant could have retreated is to be as a factor to be taken into account in deciding whether force was reasonable, rather than as giving rise to a duty to retreat– in other words, this is a statutory endorsement of the stand your ground law. More importantly though, s.43 of the Crime and Courts Act 2013, which came into force this April, provides that in a household case (the definition of which is complex), the degree of force used by a defendant is “not to be regarded as having been reasonable” in the circumstances as the defendant believed them to be “if it was grossly disproportionate in those circumstances”. This ungainly negative formulation will only serve to confuse matters. It appears that some level of disproportionate force will be available to householders, but precisely what degree is entirely unclear. How does one distinguish what is merely disproportionate from grossly disproportionate?

Chris Grayling’s bluster is liable to cause two problems. First, the new law will create more rather than less confusion, second it may even encourage people to think that acts of vigilantism are now ratified. As the Trayvon Martin case has demonstrated, this can go horribly wrong. In their knee-jerk reaction to the cases like that of Tony Martin, the government risks opening the door to the tragedy of his namesake.



People hold up photographs of Trayvon Martin at a rally in Manhattan. Photograph: Getty Images
Getty Images.
Show Hide image

Why relations between Theresa May and Philip Hammond became tense so quickly

The political imperative of controlling immigration is clashing with the economic imperative of maintaining growth. 

There is no relationship in government more important than that between the prime minister and the chancellor. When Theresa May entered No.10, she chose Philip Hammond, a dependable technocrat and long-standing ally who she had known since Oxford University. 

But relations between the pair have proved far tenser than anticipated. On Wednesday, Hammond suggested that students could be excluded from the net migration target. "We are having conversations within government about the most appropriate way to record and address net migration," he told the Treasury select committee. The Chancellor, in common with many others, has long regarded the inclusion of students as an obstacle to growth. 

The following day Hammond was publicly rebuked by No.10. "Our position on who is included in the figures has not changed, and we are categorically not reviewing whether or not students are included," a spokesman said (as I reported in advance, May believes that the public would see this move as "a fix"). 

This is not the only clash in May's first 100 days. Hammond was aggrieved by the Prime Minister's criticisms of loose monetary policy (which forced No.10 to state that it "respects the independence of the Bank of England") and is resisting tougher controls on foreign takeovers. The Chancellor has also struck a more sceptical tone on the UK's economic prospects. "It is clear to me that the British people did not vote on June 23 to become poorer," he declared in his conference speech, a signal that national prosperity must come before control of immigration. 

May and Hammond's relationship was never going to match the remarkable bond between David Cameron and George Osborne. But should relations worsen it risks becoming closer to that beween Gordon Brown and Alistair Darling. Like Hammond, Darling entered the Treasury as a calm technocrat and an ally of the PM. But the extraordinary circumstances of the financial crisis transformed him into a far more assertive figure.

In times of turmoil, there is an inevitable clash between political and economic priorities. As prime minister, Brown resisted talk of cuts for fear of the electoral consequences. But as chancellor, Darling was more concerned with the bottom line (backing a rise in VAT). By analogy, May is focused on the political imperative of controlling immigration, while Hammond is focused on the economic imperative of maintaining growth. If their relationship is to endure far tougher times they will soon need to find a middle way. 

George Eaton is political editor of the New Statesman.