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amend
section 3 of the Criminal Law Act 1967 and section 3 of the Criminal
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Law Act (Northern Ireland)
1967 in relation to the use of force in the |
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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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(1C) |
In this section ‘building
or part of a building’ shall have the same |
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meaning
as in section 9 of the Theft Act 1968
(c. 60) (burglary).” |
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2 |
Amendment
of the Criminal Law Act (Northern Ireland) 1967 |
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(1) |
The Criminal
Law Act (Northern Ireland) (c. 18 (NI)) 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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20 |
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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5 |
(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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(1C) |
In this section ‘building
or part of a building’ shall have the same |
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meaning
as in section 9 of the Theft Act (Northern
Ireland) (c. 16 (NI)) |
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10 |
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(1) |
This Act may be cited as
the Criminal Law (Amendment) Act 2005. |
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(2) |
The amendments made by this
Act have the same extent as the provisions |
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