I have a clarificatory comment to make. Although I have had the pleasure of being Advocate-General for Scotland for getting on for two years, I have never at any stage been the Lord Advocate. The Lord Advocate, who is a devolved Minister, is very obviously a lady and might take it somewhat amiss if it were thought I was usurping her role.
Of course the Government adhere to the notion that the common sense of the British jury is one of the strongest guardians of our freedoms in this country. I am grateful to the noble and learned Lord, Lord Lloyd of Berwick, for identifying the difficulty with the Conservative amendment, where it seeks to bring in notions of ““grossly disproportionate””, as being an area in which it would be an unhelpful addition were it ever to be advanced.
In his criticism of Clause 128, the noble and learned Lord questions the utility of the clause. The notion underlying that, with which the Government seek to push the clause forward, is the purpose of clarifying and reinforcing what the law is, as it is broadly understood. That has a clear utility. True it is that the householder will not be anxiously wishing to scan a Bill, and that the leaflet produced by the CPS and the Association of Chief Police Officers is extremely useful; we do not in any way step away from the utility of that leaflet. I repeat that we are seeking to reinforce and clarify the law that provides meaningful and real protections for those in the difficult position of having to deploy self-defence.
Criminal Justice and Immigration Bill
Proceeding contribution from
Lord Davidson of Glen Clova
(Labour)
in the House of Lords on Wednesday, 5 March 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Criminal Justice and Immigration Bill.
Type
Proceeding contribution
Reference
699 c1109-10 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2023-12-16 00:36:03 +0000
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