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Proceeding contribution from Andrew Dismore (Labour) 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

My hon. Friend is absolutely right. The issue between us is whether people should be able to defend their property reasonably and within the law or to make a disproportionate response. Being burgled is a frightening experience, and householders who react instinctively and attack intruders will be prosecuted under the existing law only if they use very excessive force. Only in the most extreme circumstances are householders prosecuted for violence against burglars. The Director of Public Prosecutions made it clear on 12 January that prosecution would be considered only in those extreme circumstances. The law also takes account of the fact that a person under attack or being robbed may be frightened or confused. When they find an intruder at 3 o’clock in the morning, a person cannot be expected to judge to a nicety the level of force that might be required to defend themselves against the threat posed. The law quite simply asks that the person should act instinctively and honestly. We must be clear about that: the law, and every part of the criminal justice system, must, and do, support the right to self-defence.


Secondary information

Type
Proceeding contribution
Reference
440 c522 
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