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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 raises an interesting point. The Joint Committee on Human Rights report on the Bill introduced by the hon. Member for Newark, which contained exactly the same language, said that judges could have a problem interpreting it. If the judges have a problem interpreting it, how can the ordinary householder in the street, never mind my hon. Friend, not have problems interpreting it? The problem is that neither disproportionate nor grossly disproportionate are defined in the law anywhere. There is no case law on it—civil or criminal. There have been no cases under section 329 of the Criminal Justice Act 2003, which introduced the term into civil law. There is no guidance in the law.


Secondary information

Type
Proceeding contribution
Reference
440 c562-3 
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