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Criminal Justice and Immigration Bill

moved Amendment No. 91A: 91A: Clause 75, leave out Clause 75 and insert the following new Clause— ““Self-defence etc. (1) The Criminal Law Act 1967 (c. 58) is amended as follows. (2) In section 3 (use of force in making arrest, etc.) after subsection (1), insert— ““(1A) Where a person uses force in the prevention of crime, or in the defence of persons or property, on another who is in any building or part of a building having entered as a trespasser or is attemping so to enter, that person shall not be guilty of any offence in respect of the use of that force unless— (a) the degree of force used was grossly disportionate, and (b) this was, or ought to have been, apparent to the person using such force. (1B) No prosecution shall be brought against a person subject to subsection (1A) without the leave of the Attorney General. (1C) In this section ““building or part of a building”” shall have the same meaning as in section 9 of the Theft Act 1968 (c. 60) (burglary).”””” The noble Lord said: My Lords, I am not sure to whom my noble friend was referring when he said that there were certain Members of the opposition Front Bench who do not always listen to his wisdom.