HC Deb 03 May 1973 vol 855 cc1440-1
7. Mr. Michael McNair-Wilson

asked the Secretary of State for the Home Department if he will introduce legislation to define the means of self-defence which a citizen may legitimately use when attacked.

The Secretary of State for the Home Department (Mr. Robert Carr)

No, Sir. The law on self-defence, which allows the use of such force as is reasonable in the circumstances, is under review by the Criminal Law Revision Committee as part of its review of offences against the person. It would be premature to contemplate legislation before the committee has reported, nor is it likely that it would be found possible to define the precise means of defence that would be reasonable in the great variety of situations than can occur.

Mr. McNair-Wilson

I accept what my right hon. Friend has said, but is he aware that in the last 10 years in Great Britain cases of robbery and assault with intent to rob have increased by 230 per cent. and cases of rape by 63 per cent.? In these circumstances, does he think that the ordinary citizen has the right to protect himself and the right to know what means of protection he may use for his self-defence?

Mr. Carr

Of course the ordinary citizen has the right to self-protection, and he must have, but if we were to give him the right to carry weapons which could be offensive weapons, how would we know, when someone was carrying a weapon, whether he intended to use it for offence or defence?

Mr. Ronald King Murray

Does the Home Secretary seriously maintain that carrying firearms, knives or other cutting instruments cannot clearly be said to be not justifiable in terms of defence? In these circumstances, will he consider the matter again? The standard excuse put forward by criminals for carrying offensive weapons is that they carry them for self-protection.

Mr. Carr

On the question of firearms, in a very short time the House and the public will have the chance to consider new proposals that I am about to publish for consideration. I hope that that will be the time to go into the matter. On the question of the control of weapons which cannot be carried lawfully—and I think this was the point I was making— if we allowed them to be carried lawfully we would be unable to control them.

Miss Fookes

As one who has been attacked, may I assure my right hon. Friend that the last thing in one's mind is deciding whether it is reasonable to use a particular form of defence when the occasion actually arises?

Mr. Carr

I am sure that is so, but that is exactly why it is probably better to leave it under the common law position, as it is at the moment, because that does not restrict in any arbitrary way what can or cannot be done in a particular circumstance. It leaves the court to judge whether what an attacked person does is reasonable in the circumstances.