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amend
section 3 of the Criminal Law Act 1967 in relation to the use
of force in |
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the prevention of crime or
in the defence of persons or property. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Amendment
of the Criminal Law Act 1967 |
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(1) |
The Criminal
Law Act 1967 (c. 58) is amended as follows. |
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(2) |
In section 3 (use of force
in making arrest, etc.), after subsection (1), insert— |
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“(1A) |
Where a person uses force
in the prevention of crime or in the defence |
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of
persons or property on another who is in any building or part
of a |
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5 |
building
having entered as a trespasser or is attempting so to enter, that
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person
shall not be guilty of any offence in respect of the use of that
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(a) |
the degree of force used
was grossly disproportionate, and |
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(b) |
this was or ought to have
been apparent to the person using |
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10 |
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(1B) |
No prosecution shall be
brought against a person subject to subsection |
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(1A)
without the leave of the Attorney General.” |
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(1) |
This Act may be cited as
the Criminal Law (Amendment) (Householder |
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15 |
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(2) |
This Act extends to England
and Wales only. |
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