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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 is absolutely right. If we examine some of the cases, we see a different picture emerging. As we have no definition of ““grossly disproportionate””, perhaps we should consider some of the cases that have come before the courts and test them against the existing definition and against the ““grossly disproportionate”” definition. The research paper from the Library helpfully sets out a number of examples. The Library has gone back almost 20 years in looking for these cases. Having done so, it has produced relatively few. The number of cases that we are dealing with, even under existing law, is relatively small. The first case concerns a Mr. Eric Butler in May 1987. He was charged with malicious wounding after he stabbed a mugger on the underground with a sword stick. That case was withdrawn—it was reasonable force.


Secondary information

Type
Proceeding contribution
Reference
440 c565 
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