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Proceeding contribution from Dominic Grieve (Conservative) in the House of Commons on Wednesday, 9 January 2008. It occurred during Debate on bill on Criminal Justice and Immigration Bill.


Criminal Justice and Immigration Bill

I do not want to get involved in an exercise in semantics, but subsection (4) of new clause 6, which states:"““The degree of force used by D is not to be regarded as having been reasonable in those circumstances if it was disproportionate in those circumstances””," qualifies subsection (3). As a result, the suggestion that in some way the Government have magicked in a wholly subjective test, is wrong. I would have been surprised and rather shattered if the Government had gone that far, and I would have suggested that it was far too far to go. New clause 8 is far more simply worded and clearly provides that"““this was or ought to have been apparent to the person using such force.””" It focuses on the degree of force used, and whether it was grossly disproportionate. That is a much simpler and more straightforward way of viewing it than the convolutions that, the more the interventions have gone on, seem to be coming from those on the Liberal Democrat Benches.


Secondary information

Type
Proceeding contribution
Reference
470 c358 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
Complaints Criminal proceedings Appeals Crime Bail Detainees Armed forces Crimes of violence Anti-social behaviour Blasphemy Burglary Arrest warrants Electronic tagging Incitement Judgements Offenders Northern Ireland Police Prisoners' transfers Prisons Prisoners' release Prostitution Overcrowding Scotland Sentencing Sexual offences Young offenders Sexuality Repatriation Strikes Anti-social behaviour orders Self-defence Youth rehabilitation orders
Legislation
Criminal Justice and Immigration Bill 2006-07 to 2007-08
Criminal Law Act 1967
Criminal Law Act (Northern Ireland) 1967
Link
View this Proceeding contribution on www.publications.parliament.uk