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
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The tale of Battersea power station shows how affordable housing is lost

Initially, the developers promised 636 affordable homes. Now, they have reduced the number to 386. 

It’s the most predictable trick in the big book of property development. A developer signs an agreement with a local council promising to provide a barely acceptable level of barely affordable housing, then slashes these commitments at the first, second and third signs of trouble. It’s happened all over the country, from Hastings to Cumbria. But it happens most often in London, and most recently of all at Battersea power station, the Thames landmark and long-time London ruin which I wrote about in my 2016 book, Up In Smoke: The Failed Dreams of Battersea Power Station. For decades, the power station was one of London’s most popular buildings but now it represents some of the most depressing aspects of the capital’s attempts at regeneration. Almost in shame, the building itself has started to disappear from view behind a curtain of ugly gold-and-glass apartments aimed squarely at the international rich. The Battersea power station development is costing around £9bn. There will be around 4,200 flats, an office for Apple and a new Tube station. But only 386 of the new flats will be considered affordable

What makes the Battersea power station development worse is the developer’s argument for why there are so few affordable homes, which runs something like this. The bottom is falling out of the luxury homes market because too many are being built, which means developers can no longer afford to build the sort of homes that people actually want. It’s yet another sign of the failure of the housing market to provide what is most needed. But it also highlights the delusion of politicians who still seem to believe that property developers are going to provide the answers to one of the most pressing problems in politics.

A Malaysian consortium acquired the power station in 2012 and initially promised to build 517 affordable units, which then rose to 636. This was pretty meagre, but with four developers having already failed to develop the site, it was enough to satisfy Wandsworth council. By the time I wrote Up In Smoke, this had been reduced back to 565 units – around 15 per cent of the total number of new flats. Now the developers want to build only 386 affordable homes – around 9 per cent of the final residential offering, which includes expensive flats bought by the likes of Sting and Bear Grylls. 

The developers say this is because of escalating costs and the technical challenges of restoring the power station – but it’s also the case that the entire Nine Elms area between Battersea and Vauxhall is experiencing a glut of similar property, which is driving down prices. They want to focus instead on paying for the new Northern Line extension that joins the power station to Kennington. The slashing of affordable housing can be done without need for a new planning application or public consultation by using a “deed of variation”. It also means Mayor Sadiq Khan can’t do much more than write to Wandsworth urging the council to reject the new scheme. There’s little chance of that. Conservative Wandsworth has been committed to a developer-led solution to the power station for three decades and in that time has perfected the art of rolling over, despite several excruciating, and occasionally hilarious, disappointments.

The Battersea power station situation also highlights the sophistry developers will use to excuse any decision. When I interviewed Rob Tincknell, the developer’s chief executive, in 2014, he boasted it was the developer’s commitment to paying for the Northern Line extension (NLE) that was allowing the already limited amount of affordable housing to be built in the first place. Without the NLE, he insisted, they would never be able to build this number of affordable units. “The important point to note is that the NLE project allows the development density in the district of Nine Elms to nearly double,” he said. “Therefore, without the NLE the density at Battersea would be about half and even if there was a higher level of affordable, say 30 per cent, it would be a percentage of a lower figure and therefore the city wouldn’t get any more affordable than they do now.”

Now the argument is reversed. Because the developer has to pay for the transport infrastructure, they can’t afford to build as much affordable housing. Smart hey?

It’s not entirely hopeless. Wandsworth may yet reject the plan, while the developers say they hope to restore the missing 250 units at the end of the build.

But I wouldn’t hold your breath.

This is a version of a blog post which originally appeared here.

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