On Not Arresting Mark Field

I'm not in favour of Mark Field being arrested.

I do not think he has behaved well.

I don't think he, or any serving Minister of the Crown, or Member of Parliament should be above the law. When these things have been put to the trial I'm a Parliamentarian, a Leveller and a Radical.

I definately think what happened should be investigated. Mark Field should be interviewed under caution. If appropriate charges should be brought.

Cynically, with a majority of less than 3,500 in the Cities of London and Westminster,  I would not be unhappy if he were convicted and his seat vacated and a by-election called.

But I am not in favour of him being arrested on the night in question.

Firstly, I'm not convinced that even a worst case interpretation of his actions, allowing for a any defence of self-defence or preventing a crime or a breech of the peace or similar he might put forward,  constitutes a crime in England. I am not an English criminal lawyer but I do hold a foreign law degree.

Secondly, what is the point of arresting Mark Field? Mark Field is a public figure. He has been clearly identified as being involved in this incident. His address is a matter of public record. As a Government Minister he's probably not a flight risk. Arresting him on the night isn't going to prevent further disorder, the disorder had finished, and isn't going to stop the incident being investigated.

Thirdly, and most importantly, I think the police should tred carefully when arresting public officials. The police are not politically neutral. Being arrested and detained is not just an inconvenience. You are, temporarily deprived of your liberty. Pride's Purge is a thing to be mindful of and I'd be uneasy if, say, Dominic Grieve were arrested and detained for dangerous driving on the way to Parliament on the 22nd of July this year.

I am clearly advocating a double standard here. I think the police should be more careful about arresting sitting MP's than they are about arresting other cirtizens.  I think what we have here is a clash of two different due processes. The micro due process of citizens being subject to the law, tried under the law, in public, with a fair process and the macro process of MP's being as free as possible to go about their duties representing their constituents, making the law and holding the Government to account. These are rights that MP's hold in order to serve the citizenry in a democratic country. The rights of MP's are rights held in trust for you and me.   For sure, investigate the incident, bring charges if warranted, convict if the evidence says so but I think, on balance, in order to fully protect the democratic rights of citizens an  arrest immediately after the incident would have been unnecessary.