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 an important point. He is right that when we consider self-defence, we have a mixed objective and subjective test. There is a slightly different test in the civil law, and I hope to refer to that shortly because the simple alignment of civil and criminal law is prayed in aid by those who support the Bill. However, the measure set out in the Bill is an objective test, so we are all over the place. Are we considering the mind of the person who commits an attack on the alleged criminal, the general reasonableness test, or a mixture of the two? The whole position will be very different depending on the circumstances in which an attack takes place.
Secondary information
- Type
- Proceeding contribution
- Reference
- 440 c534
- 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
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- 2024-04-21 12:06:46 +0100
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- http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_283112
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