"Have-a-go" Tories
The Conservatives claim "there is evidence that the police and prosecutors are too ready to accept allegations made by criminals against people who try to apprehend them". So they want to amend the Crown Prosecution Service's code, as well as Health and Safety laws, to encourage people to "have-a-go".
This all sounds great. Except that there are already plenty of laws protecting people acting in good faith to prevent crime. Certain powers of arrest under the Serious Organised Crime and Police Act 2005 apply to the general public as well as the police. There is s.3 Criminal Law Act 1967, which enshrines the right to self-defence. There is Common Law: oodles of case law in which people acting in good faith were protected by courts.
So the law/code/H&S isn't the issue.
The fact is, the police are not "ready to accept" allegations made by criminals. We are forced to accept them by the National Crime Recording Standards, which state we must record an allegation as a crime within 24hrs of it being reported. If we then decide to file it without bringing anyone to justice for it, it will count as a negative slice of our violent crime pie chart.
This situation is the same whether the allegation is one by a criminal against someone trying to detain him, a drunk who thinks he might have been assaulted but might have just fallen down, someone trying to claim robbery to swindle the DSS out of more cash, etc. The government doesn't believe the police will investigate these claims unless we are forced to, the idea being that some genuine allegations will get dismissed in the same bundle, hence NCRS.
So it's the rules on crime-recording which need addressing.
But all that said, if the Tories think that Health and Safety law, and the fear of prosecution, are the main reasons why the public won't get involved in street crime, they need to think again:
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