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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

If no living creature is involved but the person has set an automatic defence, I think that my hon. Friend would agree that that is an indirect use of force by the person who set the mechanism in place. If that person had reason to fear serious assault—let us say by terrorists—but the mechanism went off to injure someone who had committed a quite harmless trespass, does my hon. Friend think that under the wording of the Bill it could be claimed that although the setting off of the mechanism was clearly grossly disproportionate, given that the intruder had been blown up, for example, it could not be held reasonably to be a parallel? The person would not have been there at the time. An automatic mechanism had been set for a real threat, although it had gone off for some minor occurrence.


Secondary information

Type
Proceeding contribution
Reference
440 c547 
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