Franks to beef up Self-defence Bill
The unwillingness of Justice Minister Phil Goff to even talk about restoring practical self-defence rights and
developments in Britain, have prompted plans by ACT Justice spokesman Stephen Franks to strengthen his reforms to block
prosecutions of people who defend their own property.
"I'm encouraged by yesterday's plain speaking of Britain's top cop, Sir John Stevens, the Metropolitan Police
Commissioner. He agrees that people who defend their families and property should only face prosecution over injuries to
intruders in `extreme circumstances', where they could be shown to have used gratuitous violence.
"Sir John thinks that the common-law test of `reasonable force' is now too imprecise for people when they are in
extremis. `It's all very well for the lawyers to say the law is clear but I'm afraid people on the streets don't feel
that, and on occasions neither do the police' said Sir John. He would shift the onus of proof so that police,
prosecutors and the courts should presume that the force someone used in their home was within the law, unless the facts
clearly disproved that.
"My Crimes (Self-defence) Amendment Bill essentially restores rights lost to New Zealanders in 1980. I drafted it
conservatively, hoping that even a `soft on crime' Labour government would look at it seriously. Sadly Mr Goff tried to
make it seem extreme by calling it `Americanisation'.
"A month ago I told Mr Goff that he won't be able to squelch this pressure and by refusing to debate it he'll just make
it likely the ultimate reform will be more radical. Well now I know it's not worth trying to get Labour onside I can
draft it more simply. I think that top British view is correct. What Sir John is suggesting is pretty much along the
lines of successful New South Wales law reforms.
"It would be great for this country if our top police could show their independence from their politically correct
masters, and back what commonsense front-line cops already tell farmers under threat. That is `Do what you need to do
because we won't be able to get there in time, but don't go berserk and shoot someone in the back'.
"Instead of parroting the Government's line that self-defence is `taking the law into your own hands' they should
promise to try to shelter farmers and other home defenders from Ms Wilson's Crown Law Office prosecutors," Mr Franks
said.