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Proceeding contribution from Patrick Mercer (Conservative) in the House of Commons on Friday, 2 December 2005. It occurred during Debate on bill on Criminal Law (Amendment) (Protection of Property) Bill.


Criminal Law (Amendment) (Protection of Property) Bill

I would not dream of suggesting anything about such an eminent police officer. He seemed to change his tune very quickly, however, between appearing on the ““Today”” programme, on which his comments were unequivocal, and the ACPO briefing, which followed a few hours afterwards and which I am sure the hon. Gentleman will remember. With the support of a convicted criminal, a persistent offender, the outgoing Metropolitan Police Commissioner, Sir John Stevens, the incoming Metropolitan Police Commissioner, the apparent support of the Prime Minister and the overwhelming support of the public, I thought I had a compelling case when the Bill came before Parliament earlier this year. Sadly, that proved to be incorrect. Much to my regret, the Bill was hijacked by politicians and turned into a party political issue, and I genuinely regret its proximity to the general election. We were robbed of a useful measure that would deter burglars, help and assist policemen, support householders and, most importantly, shift the balance from householders feeling that the law was against them to burglars and other intruders knowing that the law was against them. At the same time, we might achieve a lessening of the possibility of bloody affray either in shops or houses. I hoped that the Bill’s deterrent effect would stop confrontation, lessen the fear of householders and increase the fear of burglars. Clearly, I failed. Proposed new subsection (IB) states:"““No prosecution shall be brought against a person subject to subsection (1A) without the leave of the Attorney General.””" A few moments ago, the hon. Member for Broxtowe (Dr. Palmer) skirted over my point when I intervened on him—whether that was intentional, or whether he had not had time to look at the Bill, I am not sure. Many of his good points, however, are addressed by that provision. The point is that the arbiter of whether people are taken to court is not some policeman or the Crown Prosecution Service but the Attorney-General, who must decide what is grossly disproportionate as opposed to reasonable or unreasonable.


Secondary information

Type
Proceeding contribution
Reference
440 c516-7 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Crime prevention Crimes against the person Crimes of violence Criminal law Buildings Burglary Criminal liability Firearms Protection Police Prosecutions Property Victims Trespass Self-defence
Legislation
Criminal Law (Amendment) (Protection of Property) Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk