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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 makes the point clearly. If someone is under the influence of drugs or alcohol, the mental faculties and the ability to discriminate between right and wrong are inevitably impaired. We all know the phrase ““Dutch courage””. In those circumstances, the deterrent effect of the Bill would inevitably be significantly reduced. The Bill sits uneasily with the existing offence of aggravated burglary under section 10 of the Theft Act 1968. A person is guilty of aggravated burglary if he commits a burglary and at the time has with him any firearm or imitation firearm, any weapon of offence or any explosive. ““Firearm”” in those circumstances includes an airgun, air pistol or imitation firearm. ““Weapon of offence”” means any article made or adapted for use for causing injury to or incapacitating a person. If a burglar commits an offence while tooled up for violence, he is liable on conviction on indictment to imprisonment for life. The reason given by the criminal law revision committee for the creation of this offence is that burglary when in possession of the articles mentioned is so serious that it should be punishable with imprisonment for life. The Bill would lead to more offences under section 10 of the Theft Act because more burglars will go around more heavily armed. There will be a significant ramping up of the risk to householders from burglary.


Secondary information

Type
Proceeding contribution
Reference
440 c528-9 
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