---

Criminal Justice and Immigration Bill

This has been the subject of considerable debate, but it ultimately comes down to a matter of judgment. May I just deal with the issue of ““grossly disproportionate”” force, which I have thought about a lot? I am sure that the hon. Lady and other Conservative Members will say, ““Hang on a second””. They will do so because as a result of Brendon Fearon seeking compensation over the Tony Martin case, the Labour Government introduced amendments in the Criminal Justice Act 2003 to create a test in respect of any claim by a criminal against a victim who had assaulted or damaged them in some way. Such a claim could be sustained only if the force used against the criminal was grossly disproportionate. The issue is whether that part of the civil law can be imported into the criminal law. I have been clearly advised, and I accept, that that is not possible, not least because of the European convention on human rights—not because of the Human Rights Act 1998.