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Criminal Law (Amendment) (Protection of Property) Bill

My hon. Friend has been listening closely, as the Criminal Justice Act 2003 sets out the test for an offence to be grossly disproportionate. The Government had to revisit the issue in the light of the claim by Brendan Fearon against Tony Martin in the constituency of my hon. Friend the Member for North-West Norfolk. Brendan Fearon was granted legal aid, reportedly to claim compensation of £15,000 for the injuries that he received. I delighted that in September 2003 the case was settled out of court when Brendan Fearon dropped his claim and Tony Martin therefore dropped his counter-claim. Such cases make a mockery of the law. I am arguing, with the support of my hon. Friends, that we need a consistent test. Burglars should not be able to sue us for damages that we may inflict on them when they intrude and trespass on our property and commit a criminal act so, under the Bill, there is a higher test of grossly proportionate force for the householder.