House of Commons portcullis
House of Commons
Session 2004 - 05
Internet Publications
Other Bills before Parliament

Criminal Law (Amendment) (Householder Protection) Bill

Criminal Law (Amendment) (Householder Protection) Bill






amend section 3 of the Criminal Law Act 1967 in relation to the use of force in

the prevention of crime or in the defence of persons or property. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—


Amendment of the Criminal Law Act 1967


The Criminal Law Act 1967 (c. 58) is amended as follows.


In section 3 (use of force in making arrest, etc.), after subsection (1), insert—


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 attempting so to enter, that

person shall not be guilty of any offence in respect of the use of that

force unless—


the degree of force used was grossly disproportionate, and


this was or ought to have been apparent to the person using


such force.


No prosecution shall be brought against a person subject to subsection

(1A) without the leave of the Attorney General.”


Short title and extent


This Act may be cited as the Criminal Law (Amendment) (Householder


Protection) Act 2005.


This Act extends to England and Wales only.

Bill 20 53/4

House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 25 January 2005