Crime: Homeowners’ Liability Debate

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Department: Ministry of Justice

Crime: Homeowners’ Liability

Lord Mackenzie of Framwellgate Excerpts
Tuesday 24th May 2011

(13 years, 6 months ago)

Lords Chamber
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Lord McNally Portrait Lord McNally
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No, my Lords. I believe that the party opposite can take credit for the Criminal Justice Act 2003 because, as my noble friend said, it included a test to make it more difficult for a person who has been convicted of an imprisonable offence to make a civil claim for damages unless what they had encountered was grossly disproportionate to the circumstances. It is interesting to note that, since the introduction of Section 329, we are not aware of any claims by criminals for trespass to the person succeeding.

Lord Mackenzie of Framwellgate Portrait Lord Mackenzie of Framwellgate
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Does the Minister agree that the starting point in dealing with burglars injured during the commission of an offence is that they are the author of their own misfortune?