Criminal Justice and Immigration Bill

With this it will be convenient to discuss the following: Amendment (a) to the proposed new clause, in subsection (8)(a), leave out from 'mistaken' to end of that paragraph. New clause 8— Amendment of the Criminal Law Act 1967 — ‘(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 attempting 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 disproportionate, 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).””.’. New clause 9— Amendment of the Criminal Law Act (Northern Ireland) 1967 — ‘(1) The Criminal Law Act (Northern Ireland) 1967 (c. 18 NI)) 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 attempting 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 disproportionate, 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 (Northern Ireland) 1969 (c. 16 NI)) (burglary).””.’. Government amendment No. 102. Amendment No. 125, in page 120, line 2, clause 174, at end insert— ‘(aa) section [Amendment of the Criminal Law Act (Northern Ireland) 1967];’. Government amendments No. 103 and 113.