The hon. Gentleman has not mentioned proposed new section (1A)(b) of new clause 8, which uses the phrase"““this was or ought to have been apparent to the person using such force.””"
Does he agree that the problem is that that leaves in place the very problem that arose from the Martin case? The central problem with the Court of Appeal judgment was that it said that a mistaken belief that danger was threatened could be judged subjectively, but that a real danger had to be assessed objectively, using the criterion of reasonableness. New clause 8 does not deal with that problem at all.
Criminal Justice and Immigration Bill
Proceeding contribution from
David Howarth
(Liberal Democrat)
in the House of Commons on Wednesday, 9 January 2008.
It occurred during Debate on bills on Criminal Justice and Immigration Bill.
Type
Proceeding contribution
Reference
470 c352 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
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