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Criminal Law (Amendment) (Protection of Property) Bill

My hon. Friend makes a valid point and echoes the sentiments expressed by the former Metropolitan Police Commissioner, Sir John Stevens. Against the background of an increase in violence, we need a recognition that the concept of reasonable force is simply not understood. When the Crown Prosecution Service guidelines were issued earlier this year, Sir Ian Blair said that for a person faced with an intruder in their home at 4 am, the concept of reasonable force is difficult to understand, yet the concept of grossly disproportionate force would be more obvious. We are not asking for the Oklahoma law and we are not saying that anything goes. However, people should not be prosecuted for force that is less than excessive or grossly disproportionate. The Government used that test when they introduced a provision in the Criminal Justice Act 2003 to allow burglars to sue home owners or property owners for damages if they had been subjected to such force. I argue strongly that the same test should apply under criminal and civil law.