Criminal Justice and Immigration Bill — 23 Apr 2008 at 16:33

moved Amendments Nos. 88A to 88D:

Clause 75, page 54, line 1, leave out "(4) and (5)" insert "(3A) to (6)"

Clause 75, page 54, line 2, at end insert-

"(3A) If D claims to have held a particular belief as regards the existence of any circumstances-

(a) the reasonableness or otherwise of that belief is relevant to the question whether D genuinely held it; but(b) if it is determined that D did genuinely hold it, D is entitled to rely on it for the purposes of subsection (3), whether or not-(i) it was mistaken, or(ii) (if it was mistaken) the mistake was a reasonable one to have made.

(3B) But subsection (3A)(b) does not enable D to rely on any mistaken belief attributable to intoxication that was voluntarily induced."

Clause 75, page 54, line 4, leave out first "those circumstances" and insert "the circumstances as D believed them to be"

Clause 75, page 54, line 5, after "question" insert "mentioned in subsection (3)"

On Question, amendments agreed to.

moved Amendment No. 88E:

Clause 75, page 54, line 18, leave out subsections (8) and (9)

On Question, amendment agreed to.

<[i>Amendments Nos. 89 to 91 not moved.]

moved Amendment No. 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).""

On Question, Whether the said amendment (No. 91A) shall be agreed to?

Their Lordships divided: Contents, 87; Not-Contents, 217.

Debate in Parliament | Source |