The claimant had been injured by the householder as he burgled the premises. He now complained that the rules allowing an extended defence to such an assault infringed his human rights.
Held: Section 76(5A) of the 2008 Act does not extend the ambit in law of the second limb of self-defence but, properly construed, provides emphasis to the requirement to consider all the circumstances permitting a degree of force to be used on an intruder in householder cases which is reasonable in all the circumstances (whether that degree of force was disproportionate or less than disproportionate). In particular, it does not alter the test to permit, in all circumstances, the use of disproportionate force and, to that extent, the CPS reviewer adopted the wrong test when reconsidering the facts of this case. Neither does the provision offend Article 2 of the ECHR.
Sir Brian Leveson P QBD, Cranston J
[2016] EWHC 33 (Admin)
Bailii
Criminal Justice and Immigration Act 2008 76(5A), European Convention on Human Rights 2
England and Wales
Crime, Human Rights, Torts – Other
Updated: 09 January 2022; Ref: scu.558733
