Quite the reverse. That is the difficulty that I have with the Conservatives' position. I do not think that they have read new clause 6 properly and compared it with their own new clause 8. My view is that new clause 6 provides a more stringent safeguard for the householder than does new clause 8.
That brings me to my second objection, which is the point raised by my hon. Friend the Member for Cambridge. Let us go back to the Tony Martin case. Let us set aside for the moment the person of Tony Martin and the circumstances of that case, and consider the point of law that was exposed by the Court of Appeal in that case. The Court of Appeal distinguished between an error made by that person as to whether he was under attack, and an error made about the danger that was posed by that attack. In the first instance, the statement is subjective.
Criminal Justice and Immigration Bill
Proceeding contribution from
David Heath
(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 c357 
Session
2007-08
Chamber / Committee
House of Commons chamber
Subjects
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2025-01-04 08:56:18 +0000
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