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Proceeding contribution from Nick Palmer (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

One point that has not been explored in detail yet is that the Bill states that even grossly disproportionate force can be used if the person using that force was not aware that it was grossly disproportionate. Does that not open an enormous grey area, which is not present in the current law? In the current law there is the test of reasonableness that juries interpret in a reasonable way. Under the Bill, if I can persuade the jury that I was not aware that it was grossly disproportionate to stab somebody who had just walked on to my garden, I would be required to be acquitted. Is that not a very large grey area?


Secondary information

Type
Proceeding contribution
Reference
440 c537-8 
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