Criminal Justice and Immigration Bill

The Lord Chancellor has to accept that his new clause is a restatement of the existing law. As the law envisages that there are perfectly clear cases in which disproportionate force may be legitimate, surely by saying that only in cases of ““grossly disproportionate”” force should prosecutions lie we are well within the scope of article 2 of the European convention on human rights. I find it difficult to see how we would fall foul of the convention if new clauses 8 or 9 were to be adopted, particularly in the restricted circumstances to which they apply, which concern householders and closed premises when a victim is under a particular difficulty because they are unable to get away, temporise or disengage.