If police lose the public’s faith, then vigilantes will get a free pass
One of the great virtues, and dangers, of trial by jury is that jurors are able to take a broader view of justice than a strict interpretation of the law dictates. Their constitutional right to blow a raspberry at what they see as improper prosecution is a formidable guarantee against state oppression that justifies the occasional perverse acquittal.
The decision of a Luton jury to acquit father and son Bernard and Richard Baldwin of attempted murder, attempted GBH, dangerous driving and carrying a loaded shotgun in public appears, at first sight, to be such a verdict. The Baldwins admitted to careering through the Bedfordshire countryside at close to 100mph and shooting at an unmarked police van under the mistaken belief that it contained the burglars who had broken into their garage.
In fact, they did have a real defence. Anyone is entitled, under specific conditions, to use reasonable force to arrest someone they reasonably believe to have committed a serious offence – the so-called “citizen’s arrest”. Yet perhaps the jury was also influenced by the Baldwins’ reason for attempting one. It was their feeling that police had not adequately investigated the burglaries and threats they had suffered that led them to turn detective.
We cannot expect the police to be terribly happy with this outcome, but many people are not happy with the police. Forces across the nation are accused of overlooking low-level crime such as burglary and harassment in order to save resources. Bedfordshire has one of Britain’s lowest clear-up rates, even for residential burglaries, with no suspect being identified in nearly 94 per cent of cases.
If the perception spreads that the police are spending too much time, for example, policing offensive language on Youtube when they could be catching burglars, then it is inevitable that vigilante justice is going to be encouraged, and vigilante justice – as the Baldwins’ case demonstrates – is very unlikely to be fair.
Police resources have of course been cut in recent years and difficult choices have to be made. Yet huge resources are now devoted to investigating alleged sex criminals from decades earlier. While sometimes this is justifiable, the vast sums of money spent dancing to the tune of fantasists in debacles such as Operation Midland can only reduce the amount available for ordinary policing, ultimately encouraging the perception that DIY justice is the only thing available to victims of break-ins.
After many years of decline, there are worrying indications that violent crime is once again on the rise. This faintly farcical yet very nearly tragic case from Bedfordshire should remind police across the country that if they lose public support and respect, the consequences could be very unpleasant indeed.