Report to the People
18th August 2003

We Must Have Confidence in the Law

Every so often, a legal case comes along which sparks a national debate.

The story of Tony Martin, the Norfolk farmer who shot and killed a burglar in his home, is a good example.  His release from prison a few weeks ago reignited the long-running controversy around the right to defend your property.

In every workplace, pub and bus queue, the arguments on both sides were hotly contested.

    “People should have the right to defend their property,” some argued.

    “But you can’t just take the law into your own hands,” countered others.

    “Well the boy got what he deserved.”

    “Nonsense, burglary hasn’t been a capital crime for centuries.”

As the debate raged back and forth, one point I noticed being made repeatedly was that Mr Martin felt he had no choice.  He thought that if he went through the proper channels no action would be taken.

Not being an expert on policing in that particular part of Norfolk, I don’t know whether or not his belief is right.  But I do know that a lot of people share it.

And, in a sense, it doesn’t matter if they’re right.  The important fact is that they genuinely believe this to be the case.  And the fear of being vulnerable to crime is just as corrosive to a community’s quality of life as crime itself.

So how do we turn this round?  How do we stop decent people feeling that they can’t trust the legal process to be on their side and not that of the criminal?

These are questions the Scottish Parliament is setting out to answer in the coming term.

For a start, the number of police officers is to be increased and a bill to improve the way vulnerable witnesses are treated by the judicial system has already been introduced.  Major bills to make the High Court deal with cases more effectively and crack down on antisocial behaviour are, as you know, also on the way.  And, to prevent victims feeling sidelined by the system, prosecutors will be encouraged keep them up to date with developments and to outline their reasons should they opt to take no action in, or discontinue, a particular case.

The fact that we have a society built on the rule of law means that we must have confidence in those laws.  Without that, we will see more people taking the law into their own hands and more tragic events such as those which took place in an isolated Norfolk farmhouse in 1999.

Back to Current Reports to the People

[ HOME ] [ News ] [ Report to the People ] [ Interact ] [ Links ] [ E-Mail ]

[ Copyright ] [ UK Online ] [ Scottish Parliament ]

Previous Page